Due diligence – Human Rights Insights

Climate risks fall under the scope of the French Duty of Vigilance Law court says in the case against TotalEnergies

In the first climate lawsuit against a multinational company in France, on 25 June 2026, the Paris civil court (ruling in French) recognised the inclusion of climate risks under the scope of the Duty of vigilance law and ordered TotalEnergies, one of the world largest oil and gas producers, to complement its vigilance plan within 6 months to include as part of its risk mapping scope 3 greenhouse gas emissions (all indirect emissions arising in the company’s value chain, including emissions resulting from the use of the company’s oil and gas products) as well as appropriated measures to mitigate and prevent the company’s impact on the climate.

Human rights and environmental due diligence legislation in South Korea: Insights from Korean Civil Society on recent developments

On 13 June 2025, Asia’s first mandatory human rights and environmental due diligence bill was reintroduced in South Korea’s National Assembly. The Bill developed by Korean civil society organisations, in particular KTNC Watch, was initially introduced to Parliament in September 2023 but collapsed at the end of the Parliament term. After undergoing revision and review, the Legislative Bill for the Act on the Protection of Human Rights and the Environment for Sustainable Business Management (in English), was reintroduced last year.

Ji Yoon Kang, Staff Attorney at GongGam Human Rights Law Foundation and a member of KTNC Watch, who has been directly involved in the drafting process of the Bill and its reintroduction to Parliament, provide us insights about recent legal developments and the general corporate accountability context in South Korea.

Yves Rocher found liable under the French Duty of Vigilance Law over retaliation against unionised workers in Turkey

On 12 March 2026, the Paris civil court found the French beauty brand Yves Rocher liable for failing in its duty of vigilance regarding its activities in Turkey, specifically anti-unionisation practices. Following a membership campaign launched in January 2018 by the Petrol-Is trade union among the workers of Yves Rocher’s Turkish subsidiary, which led to the recognition of the union representativeness within the subsidiary (157 workers out of 379), in May 2018, a major wave of dismissals was carried out, with 132 employees fired; a retaliation against unionised workers.

In this unprecedent ruling, the court confirmed that the Duty of Vigilance Law applies to the activities of French companies’ subsidiaries operating abroad and ordered the company to compensate some employees. However, due to a restrictive interpretation of an agreement reached between the Turkish subsidiary and employees by the court, most plaintiffs’ claim for compensation was considered inadmissible, highly limiting Yves Rocher’s accountability and access to remedy for claimants.

French Duty of Vigilance Law and the formal notice requirement – 2024 clarifications

Since the adoption of the 2017 Duty of vigilance law, claimants have faced multiple procedural obstacles leading to the dismissal of their cases. In particular, judges have misinterpreted the obligation for claimants to give formal notice to companies prior to filing a complaint, using a flawed interpretation of the legislator’s intention to establish dialogue between companies and their stakeholders. Such misapplication of the law was rightfully overruled by the Paris court of appeal in two key rulings (here and here) on June 18, 2024.

Corporate accountability under the French Duty of vigilance law, just an illusion?

On June 1, 2023, Paris civil court dismissed NGOs’ claim brough on the ground of the Duty of vigilance law against Suez regarding its activities in Chile. Once again, the judge considered that claimants did not give proper formal notice. The rationale used and its outcome raises the question of effective corporate accountability five years after the adoption of the law and at the time of EU negotiations on a Directive on human rights and environmental due diligence.

2023 OECD Guidelines for Multinationals update

On June 8, 2023, the OECD released the update of the Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Guidelines), reviewing the 2011 version to respond to urgent social, environmental and technological priorities facing societies and businesses. Key updates include recommendations for companies to align with internationally agreed goals on climate change and biodiversity, expanded due diligence recommendations to all forms of corruption and recommendations on disclosure of responsible business conduct information.

Comparison between proposals on human rights due diligence Directive, including Parliament amendments

On June 1, 2023, the European Parliament adopted amendments to the European Commission’s Directive on human rights and environmental due diligence proposal submitted in February 2022. These amendments strengthen the alignment of the Directive with the UN Guiding Principles on Business and Human Rights.

Comparison between EU Council and Commission proposals on human rights due diligence Directive

For updates on the Parliament’s amendments (June 2023) to the Commission’s proposal.

On November 30, 2022, the European Council released its proposal for a Directive on human rights and environmental due diligence based on the proposal submitted in February by the European Commission. While providing clarifications on important elements such as prioritisation of impacts, the Council’s draft misses the opportunity to set ambitious due diligence as it removes several key aspects such as directors’ duty of care.

EU proposal on products made of forced labour

On September 14, 2022, the European Commission released the proposal for a Regulation on prohibiting products made with forced labour on the Union market. The initiative was first announced last year by President von der Leyen in her State of the Union speech on September 15, 2021. This Regulation does not target a specific sector or region.

New York introduces Bill on fashion sustainability and social accountability

On January 5, 2022, the Fashion sustainability and social accountability Act (Assembly Bill A8352) was referred to the legislative Consumer Affairs and Protection Committee of the New York State. If passed, the Act would be the first of its kind in the US, requiring fashion retail sellers and manufacturers, on pain of a fine based on annual revenues, to disclose environmental and social due diligence policies.