lindenpartners © 2023
Workshop
Responsible Contracting and Purchasing in times of the LkSG & CSDDD
Friday, 2 June 2023, 10:00am to 2:30pm, at lindenpartners, Friedrichstraße 95, 10117 Berlin
Responsible Contracting and Purchasing in times of the LkSG & CSDDD
Registration
With new human rights and environmental due diligence (HREDD) laws in Germany and the EU, contracts between buyers and suppliers play an important role in implementing due diligence. However, too often these contracts are one-sided, placing responsibility for upholding human rights and environmental standards solely on suppliers. Moreover, many contracts ignore the buyer’s obligation to protect human rights through responsible purchasing practices. To support effective implementation of due diligence, and to prevent legal and reputational risks, a shift towards a shared-responsibility model of contracting is necessary.
Dr. Bastian Brunk and Noah Neitzel (lindenpartners)
Agenda
10:05am
Das Video zur Veranstaltung:
We are excited to offer a highly interactive workshop with lindenpartners, the Responsible Contracting Project (RCP) and twentyfifty on ensuring regulatory compliance through shared-responsibility contracting. Shared responsibility means that both buyers and suppliers are contractually obligated to avoid causing or contributing to adverse human rights and environmental impacts, including through their purchasing practices.
lindenpartners is a boutique law firm empowering clients to become leaders in complex ESG matters in finance and corporate governance by delivering rigorous, innovative, and actionable guidance.
RCP is a spinoff of a working group of the American Bar Association Business Law Section that developed model contract clauses (MCCs) that companies can include in their contracts to better protect workers' human rights throughout the supply chain. RCP's mission is to improve human rights outcomes in global supply chains through innovative contracting practices by working hand in hand with companies, investors, policymakers, MSIs and others to mainstream the responsible contracting principles. RCP is housed within Rutgers Law School’s Center for Corporate Law and Governance.
twentyfifty is an award-winning management consultancy working with global companies to deliver on their commitments to respect human rights and contribute to a more equitable and inclusive world.
The LkSG and CSDDD as legal context
10:30am
Responsible Contracting – Experiences from RCP, MCP and EMC Projects
Daniel Schönfelder and Prof. Sarah Dadush (Responsible Contracting Project)
10:55am
From Responsible Contracting to Responsible Purchasing
Anneke Bremer and Larissa Dietrich (twentyfifty)
11:20am
Introduction and explanation of case study material
11:30am
Participants will be split into groups, with half assuming the role of the buyer and half the role of the supplier. Each group will develop arguments and responses according to their role.
12:15pm
Return to the main room. Each group will designate a speaker to engage in negotiations with a speaker from a company group.
10:00am
Welcome and Introduction
1:00pm
Closing remarks
1:15pm
Lunch
Interactive Part
Presentations
Participants will gain valuable insights into responsible contracting and how to effectively support the implementation through responsible purchasing practices. Specifically, we will discuss the model contract clauses (MCCs) developed by two legal working groups: the European Model Contract Clauses for Responsible and Sustainable Supply Chains Working Group and the American Bar Association Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts.
This workshop will invite companies to address the following key questions:
- How are contracts typically used and what role do they play under new HREDD laws?
- How to design contracts in a way that fosters a culture of shared responsibility and that supports effective implementation of human rights and environmental due diligence?
- How to put these contractual obligations into practice, for example through responsible purchasing practices?
The workshop is free of charge. Spaces are limited and participation is offered on a first come first served basis.
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