Explore our ESG solutions

Discover our ESG offering in a nutshell. This web page outlines examples of what you can expect from us across various disciplines and how we can assist you navigate the rapidly evolving ESG landscape. 

ESG in Banking & Finance

ESG considerations are prominent in the financial industry, playing a pivotal role in determining access to capital and market competitiveness. Pension funds, banks, insurance companies, and other asset managers are increasingly prioritising funds for companies with robust ESG practices.

European regulations like the EU Sustainable Finance Disclosure Regulation (SFDR) and EU Taxonomy Regulation, oblige financial market participants to identify their sustainability ambitions, classify products accordingly and adhere to transparency requirements associated with the relevant classification. Ensuring compliance with these frameworks requires these parties to gather relevant ESG data, establish effective reporting mechanisms and fulfil disclosure requirements. This process can be resource-intensive, complex and a source of potential liability.

In addition, as green and sustainability-linked loans and bonds gain prominence, we offer expertise to banks, lenders, investors, and asset managers actively seeking to support ESG initiatives and capitalise on the associated opportunities.

Our expert team offers seamless green financing guidance with comprehensive support and guidance through the whole process. We also assist with reporting and disclosure obligations and ensuring compliance of business practices with applicable regulation, showcasing your commitment to environmental sustainability.

How we can help

Our team of experts is well-equipped to provide you with a range of ESG in Banking & Finance and Financial Markets & Products services including: ​​  

Ensuring compliance with relevant laws, regulations and guidelines pertaining to green financing, such as local environmental regulations, green bond standards (e.g. ICMA Green Bond Principles, EU GB Standard), and sustainability reporting requirements.​​

Advising on regulatory requirements and compliance obligations for financial market participants, including ESG-related disclosures, stewardship codes and ESG reporting frameworks. This includes advising on the appropriate classification for clients’ products, preparing necessary precontractual and website disclosures and advising on the SFDR, the Taxonomy Regulation and relevant Delegated Regulations. Our advice incorporates guidance from regulators to ensure comprehensive compliance. ​​  

Providing strategic advice on investment strategies that integrate ESG factors, conducting due diligence on potential investments and assessing ESG risks and opportunities. ​​  

Conducting thorough ESG due diligence on potential investments to assess ESG risks, identifying opportunities for value creation, and ensuring alignment with client sustainability goals.

Conducting comprehensive due diligence on green and sustainable projects or initiatives to assess their eligibility for green and sustainable financing and identify potential legal and regulatory risks.

Assisting clients in developing and implementing ESG policies and frameworks to guide their investment decision-making process and fulfil their fiduciary duties. ​​  

Advising clients on effective engagement strategies with portfolio companies, proxy voting policies and active ownership practices to foster positive ESG outcomes.  

Assisting clients in preparing ESG reports, sustainability disclosures and other forms of ESG-related reporting to meet regulatory requirements and communicate their ESG performance to stakeholders. ​​  

To meet sustainability requirements, you may wish to include specific terms within contracts. Our experts support you in negotiating and drafting arrangements for green transaction documentation.

We advise board members, executives and companies with respect to their ongoing ESG requirements, assessing potential liability risks tied to ESG matters. Additionally, we formulate proposals to mitigate these risks from a legal perspective.  ​  

Assisting clients in structuring green and sustainable financing transactions, including the drafting and review of legal documents such as green or sustainability linked credit agreements and bonds. This ensures compliance with the relevant laws, regulations and guidelines pertaining to green financing such as the LMA Green Loan Principles, LMA Sustainability-Linked Loan Principles, EU Green Bond Standards and sustainability reporting requirements.

Financing solutions are multiplying and the legal implications relating to financial products are becoming more complex.

ESG in Corporate / M&A  

As ESG considerations take centre stage across most industries, our tailored solutions help companies navigate evolving regulations and stakeholder expectations. From legal advice on policy implementation to compliance, reporting and due diligence, we assist corporate clients in aligning practices with sustainable principles, managing risks and thriving in the dynamic ESG landscape. Buyers and investors increasingly prioritise ESG factors realising the impact on a company’s ability to attract capital and personnel.

EU legislation, such as the Sustainable Finance Disclosure Regulation (SFDR), Non-Financial Reporting Directive (NFRD) and Corporate Sustainability Reporting Directive (CSRD), imposes reporting and disclosure obligations. This presents resource-intensive challenges and potential liabilities for a company and its directors. Ensuring compliance involves data gathering, reporting mechanisms and disclosure adherence. Embedding ESG considerations into core business strategy and decision-making demands organisational shifts and sustainable practices, touching on responsible sourcing, supplier monitoring and ethical conduct. ​  

How we can help

Our team of experts is well-equipped to provide you with practical support and tailored advice on ESG-related topics in the Corporate / M&A context, which include:

We advise companies as well as their board members and executives with respect to on-going ESG obligations, the embedding of ESG matters into their corporate governance framework and potentially liability risks as well as the possibilities to mitigate such risks.

As part of our due diligence services, we can assist in assessing whether a target company is subject to ESG regulations and what the potential impact on the business would be.

We advise clients in respect of sustainability statements in their public disclosure documents such as annual reports and prospectuses.

We support our clients in negotiating and drafting arrangements for sustainability and social impact linked transaction documentation, such as supplier reporting obligations or carbon emission targets and contractual penalties in case of violations.

As an international organisation, you face many challenges, from ever-changing regulations to complex cross-border transactions and beyond.

ESG in Energy & Infrastructure  

Sustainability is increasingly impacting decisions made by investors and financiers, companies, consumers, shareholders and policymakers. ESG objectives are reflected in EU and national regulations and many international voluntary standards. This trend is reflected in consistent growth in our ESG-inspired projects and client demands. ​The move from fossil fuels to renewable energy sources continues to gather momentum and we strive to be at the forefront of this energy transition. Our diverse team specialises in regulatory energy law, construction law and contracting, project financing, corporate and M&A, administrative law and public procurement. ​  

How we can help

With insightful understanding of the legal and regulatory ESG landscape relevant to the energy and infrastructure sectors, our team of experts is well-equipped to provide you with practical support and tailored advice. Our range of ESG services include: ​  

We assist clients at every stage of their renewable and decarbonisation projects and their development. From legal feasibility studies, joint development agreements, the permitting, subsidy and energy regulatory aspects of such projects, over drafting and negotiating project documentation to assisting in the project financing process. ​  

We assist clients in a quick, highly efficient and knowledgeable manner on all aspects of renewable market and decarbonisation deals. Our services include domestic and international M&A, joint-ventures, consortia and participations, restructuring and general corporate advice, corporate governance and project development. ​  

One of the easiest ways for corporates to make their business more sustainable, is to switch to renewable energy in their production processes and offices. Our team helps you with the negotiation and drafting of corporate power purchase agreements or other arrangements that enable you to procure renewable energy for your business.  

We advise on EU and national regulatory requirements for the energy sector, energy market participants and authorities. Given the extensive nature of both EU and national frameworks, market participants are often confronted with diverse questions. Our team can assist with and advise on these inquiries, including those related to the ‘Fit-for-55’ package, national and regional energy regulatory frameworks and more. ​  

Clients may wish to incorporate specific ESG-related terms in their contracts, ensuring counterparties comply with specific codes of conduct and/or other environmental, social and governance objectives. Our team is adept at striking the right balance and advising on effective contractual wording for these purposes.   

More and more integrated Energy & Infrastructure projects, related litigation and policy changes will require increasingly detailed and cross-sectional advice.
We can assist you in a quick, highly efficient and knowledgeable manner on Energy & Infrastructure related projects and transactions.
Energy and infrastructure activities are generally carried out in highly regulated environments.

ESG in Employment & Benefits

ESG considerations have gained significant influence in employment and pension law. Companies and pension providers face growing obligations to report on their ESG performance, encompassing social and labour-related aspects, to comply with the Corporate Sustainability Reporting Directive (CSRD) and the European Sustainability Reporting Standards (ESRS). These disclosures can impact employment practices, influencing initiatives related to diversity and inclusion, employee well-being and fair labour.  ​

The Pay Transparency Directive, which will - among other things - introduce reporting requirements for larger employers on equal pay and the right for employees to request information on their individual pay levels from their employer, requires employers to take various (proactive) measures to ensure compliance and promote equal pay within their organisations.

The EU Taxonomy regulation and the SFDR promote sustainable investments which necessitate compliance with minimum social safeguards or the promotion of social objectives.

Understanding the legal requirements and opportunities surrounding ESG in employment law is crucial for employers committed to sustainable and responsible workforce practices, as well as for undertakings and investors seeking sustainable investments. 

How we can help

With a thorough understanding of the legal and regulatory ESG landscape, our team of experts is well-positioned to provide comprehensive assistance to employers and pension providers in the realm of ESG. Leveraging our extensive expertise and understanding of the legal intricacies in these areas, we provide a range of ESG services, including:​  

ESG principles guide employers in fostering responsible and sustainable workforce practices. This includes promoting equal opportunities, diversity and inclusion in the workplace, ensuring fair and safe working conditions and upholding human rights throughout the supply chain. Ensuring compliance with international labour standards, notably those established by the International Labour Organization (ILO), is essential to aligning employment practices with ESG objectives.​  

Companies are encouraged to align (executive) remuneration with long-term sustainable performance, avoiding excessive risk-taking or short-term perspectives. Incorporating ESG metrics - such as diversity goals, environmental impact reduction targets, or social impact indicators - into compensation frameworks can serve as incentives for responsible behaviour and contribute to achieving sustainable business outcomes. ​  

This includes establishing codes of conduct that reflect social responsibilities, implementing effective whistleblowing mechanisms and integrating sustainability principles into board-level decision-making processes. ESG factors are increasingly relevant in determining good governance practices and ensuring responsible corporate behaviour.  

The CSRD, ESRS and the Pay Transparency Directive introduce several obligations inter alia on equal pay, which will also be implemented in national legislation. ​

Several ESG topics affect the advisory, consent or information rights of the works council, such as implementing a whistleblower policy.​  

Insurance companies and Institutions for Occupational Retirement Provision (IORP) are institutional investors with a huge social responsibility: the sound and prudent management of the retirement income of scheme member and their beneficiaries. Some risks cannot be reduced through solvency requirements and must be properly addressed through governance requirements. Ensuring an effective system of governance is essential for the adequate management of risk and the protection of scheme members and beneficiaries. Our pension experts have extensive experience with the drafting of governance policies (such as the business continuity plans, outsourcing policies, charters of the key functions, whistleblowing policy, internal regulations of operational bodies. 

Pension funds must explicitly disclose in the statement of investment principles (SIP) where ESG-factors are considered in investment decisions and how they form part of their risk management system. Under the regulatory technical standards of SFDR, pension funds must disclose whether and how they consider (and if not, explain why) the adverse impact of their investments on sustainability factors.

Using a unique integrated and solution-driven approach, we help guide you through these issues. We cover the full spectrum of employment law - pension law, social security and employment taxes.
A multidisciplinary pension team to partner with on all pension-related matters and guidance through the Dutch pension system reform.

ESG in Investment Management  

ESG considerations are pivotal in the fund industry, shaping capital access and market competitiveness. Investors, including institutional investors, are favouring managers with robust ESG practices leading to the rise of ESG-focused funds. European regulations, such as the EU Sustainable Finance Disclosure Regulation (SFDR) and EU Taxonomy Regulation (TR) mandate our clients to identify and disclose their sustainability goals, classify their products accordingly and adhere to transparency requirements. Compliance with these frameworks involves gathering relevant ESG data, implementing robust reporting mechanisms and meeting disclosure obligations - a process that can  be resource-intensive, complex and pose potential liabilities for the fund managers.  

We are committed to assisting investment management clients in aligning with sustainable principles and navigating the dynamic ESG regulatory landscape for optimal risk mitigation and leveraging of opportunities.

How we can help

With insightful understanding of the legal and regulatory ESG landscape relevant to the fund industry, our team of experts is well-equipped to provide you with practical support and tailored advice. Our range of ESG services include: ​  

Helping clients to set up impact funds, establish an effective fund governance framework and reviewing the necessary fund documentation. ​  

Advising on:

  • Regulatory requirements and compliance obligations applicable to alternative investment fund managers, delegated portfolio managers and investment advisers
  • ESG-related disclosures, stewardship codes and ESG reporting frameworks
  • The right fund classification under the SFDR and preparation of the required pre-contractual and website disclosures
  • Guidance on the SFDR, TR and related Delegated Regulations issued in respect thereof​ along with relevant advice from regulators

Assisting clients develop and implement ESG due diligence policies that align with their ESG goals.   ​  

Helping with the development and implementation of client ESG policies and frameworks to guide their investment decisions and meet regulatory requirements.  

Assisting clients to prepare ESG reports, sustainability disclosures and other types of ESG-related reporting to comply with regulations and convey their ESG performance to stakeholders. ​

To meet sustainability standards, you may wish to incorporate specific terms in your contracts. Our experts are here to support you in negotiating and drafting green transaction documentation.    

We advise board members, executives and companies regarding their ongoing ESG obligations, assess potential liability risks related to ESG matters and propose legal and regulatory measures to mitigate these risks.  ​  

In addition to fulfilling obligations, sustainability in real assets can present several opportunities. We’ll provide advice on identifying and maximising the use of tax incentives linked to sustainable investments, such as the energy and environmental tax deduction schemes.    

With an integrated approach that sets us apart in the market, we offer our clients a unique combination of legal, tax and regulatory advice.

ESG in Litigation & Risk Management  

In recent years, significant momentum has been gained in global climate change and human rights violation litigation. Individuals and interest organizations actively seek legal remedies and demand accountability from governments, companies and their directors. Corporate behaviour, especially in respect of ESG issues, is under increased scrutiny from investors, shareholders and third parties. This trend is expected to intensify soon with the strengthening of ESG regulations and a rise in class action litigation. ​

Loyens & Loeff is well-equipped to support clients in all types of ESG liability and litigation matters. Our strength lies in our ability to harness the collective expertise of a diverse team of lawyers. We collaborate holistically, combining our litigation proficiency with the invaluable insights of specialists from other areas within our firm. 

How we can help

With an in-depth understanding of the legal and regulatory ESG landscape, our team of experts is able to assist clients mitigate liability risks and to bring a defence against all types of litigation matters. Our range of ESG services include: ​  

Representing clients in corporate and commercial litigation, international arbitration or class actions arising from alleged violations of ESG standards. This includes litigation on corporate liability, shareholder actions, regulatory enforcement proceedings and stakeholder disputes. Also, our firm has vast experience in advising on collective settlements, in and out of court. ​  

Conducting thorough risk assessments to identify potential legal risks and liabilities related to ESG factors and providing strategic advice on risk mitigation and crisis management.   

Assisting clients in navigating ESG-related regulatory investigations, enforcement actions, and compliance with evolving ESG frameworks and standards. ​  

Offering mediation, arbitration and negotiation services to help clients resolve ESG-related disputes efficiently and cost-effectively.  

Our litigation teams focus on the most appropriate form of dispute resolution, in and outside of court, from arbitration to mediation. Always looking for the best possible outcome.

ESG in Real Estate

ESG considerations are of increasing importance to the real estate industry. Investors are looking to generate financial returns with positive environmental and societal impacts, while investors and tenants demand sustainable buildings. Along with a fundamental interest in the creation of sustainable buildings, developers are incentivised by increased market demand for responsible investment products. We are committed to helping real estate clients align their business practices with sustainable principles, mitigate risks and seize opportunities in an evolving ESG landscape.​

In the real estate sector, there is pressure to achieve EU climate targets by 2030 and there is growing evidence of increase profitability in green buildings. Real estate developers and investors, driven by both environmental responsibility and commercial incentives, find value in retrofitting existing buildings for increased sustainability, or investing in newly constructed green buildings. There is increasing evidence that green buildings attract more potential purchasers and tenants, resulting in better rental and sale values.    

How we can help

An insightful understanding of the legal and regulatory ESG landscape within real estate, equips our team of experts to provide you with practical support and tailored advice. Our range of ESG services include:  

Understanding the various legal aspects associated with sustainability due diligence can be challenging. Our team of experts help you to establish an overview, such as guidance on the interpretation of the EU Taxonomy regulation and the resulting requirements.     

To meet sustainability requirements, you may need to include specific terms within contracts. Our experts support you in negotiating and drafting arrangements for green transaction documentation, (turnkey) sale and purchase agreements or construction agreements. Arrangements may be driven by objectives such as EU Taxonomy alignment or obtaining sustainability certificates, such as BREEAM or LEED. ​  

Both landlords and tenants may want to stipulate obligations regarding the sustainable operation of leased premises. Parties can agree, for instance, on a requirement to share data on the sustainable performance of a building. Our team assists with the negotiations and drafting of green lease templates.  ​  

Legal obligations regarding the sustainability of (commercial) real estate include specific requirements, such as the need for buildings to have an energy label and to be subject to energy saving measures. These obligations may also involve a clear allocation of responsibilities between landlord and tenant. Our team advises on, and helps you meet, sustainability related compliance standards in the best possible way.  ​  

Along with the obligations, sustainability in real estate may also hold several opportunities. Our experts advise you on the availability, and optimal use of, tax incentives in respect of sustainable investments in real estate. These include the energy tax and environmental tax deduction schemes.  

With integrated knowledge, tailored to our clients’ needs, our dedicated team will ensure a successful outcome of any type of real estate project.

ESG in Taxation

Today, ESG (short for: environmental, social, and governance) is more relevant for businesses than ever before. With the growing relevance of ESG in all sectors and all business departments, there is also an increased focus on ESG in taxation. Taxation can be related to each element of ESG.

How we can help

Whether you are looking to invest in renewable energy, explore social impact bonds, or are considering community-focused initiatives, we can assist you with defining the tax strategy of your company and/or the structuring of the investments that seamlessly aligns with your ESG objectives.

Our team of experts is well-equipped to provide you with practical support and tailored advice, offering a range of tax related ESG services. This includes services related to:  ​

Our advisors can assist with the integration of ESG considerations into company-specific tax governance policy and investment strategies. Our advisors can also assist with the evaluation of the alignment of tax strategies with ESG regulations.     

In recent years, new legislation has been introduced that aims at promoting transparency, both at national and European level. ESG reporting (on tax) is one of the many developments. It requires companies to have grip on their processes related to data collection. A properly functioning tax control framework could help you in organizing this challenge. Our experts can help you review or set-up such tax control framework.

The impact of ESG can be seen in various areas of transfer pricing, including transfer pricing policy and the pricing of transactions. For instance, ESG can impact the price of certain third-party transactions (e.g. green bonds). The question arises, how to deal with these developments in intercompany situations. In addition, due to ESG strategies, profit maximalization is no longer always the main goal of companies. This can create challenges as the current transfer pricing landscape still mainly uses profit maximalization as a starting point. Our experts can help navigate these challenges.

Our experts advise on the various available tax incentives for ESG initiatives. ​Our experts help apply these incentives, such as tax credits for energy-efficient buildings or renewable energy projects, to enhance the financial viability of sustainable investments.

Transparency on a company's tax policy is key, as well as the tax contribution of taxpayers to society. As ESG reporting frameworks and standards like the Global Reporting Initiative (GRI) and Sustainability Accounting Standards Board (SASB) gain prominence, we offer expert guidance on the tax implications of ESG disclosures. 

Our experts assist clients, both within and outside the EU, in preparing for and navigating EU regulations related to ESG, including mandatory reporting requirements based on revenue or presence within the EU.

We offer integrated services, in collaboration with both our attorneys-at-law and civil-law notaries.