Key topics - Osborne Clarke

Managing greenwashing risk

Article list

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2025

Advertising and AI | DMCCA and advertising | Adtech and use of cookies

13/01/2025

Read time 4m

ESG – Environmental, Social and Governance

SMEs should not lose sight of the CS3D as Belgium implements the CSRD

The CS3D's indirect impact on mid-sized and smaller businesses requires action to ensure they remain valuable partners

17/12/2024

Read time 5m

Banking and finance

Why isn't every loan sustainability linked in the UK?

Reassessing sustainability-linked loans for UK mid-market dealmakers

04/12/2024

Read time 4m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook November 2024

Government introduces Tobacco and Vapes Bill to Parliament: advertising aspects | ASA publishes update on its vaping project review |...

27/11/2024

Read time 4m

Corporate

UK directors' duties: IOD issues guidance on the importance of sustainable business practice

New voluntary code of conduct provides helpful steer to directors – especially with regard to 'responsible business'

15/11/2024

Read time 3m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook September 2024

UK government confirms implementation of advertising restrictions of 'less healthy' food and drink products | CMA issues guidance for fashion...

25/09/2024

Read time 2m

Financial Services

International Funds Legal Update | 15 July 2024

UK financial regulator issues more sustainability information and European authorities recommend SFDR adjustments

15/07/2024

Read time 4m

ESG – Environmental, Social and Governance

ESG Knowledge Update | July 2024

Welcome to our Osborne Clarke ESG Knowledge Update, which offers a round-up of legal, regulatory and market news

11/07/2024

Read time 4m

Financial Services

International Funds Legal Update | 21 June 2024

FCA sets out agenda for asset managers, UK Parliament's prorogation causes delays and ESMA regulates green fund claims

21/06/2024

Read time 5m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook May 2024

ASA publishes outcome of its consumer research into environmental claims in food advertising | ASA publishes new guidance on ad...

31/05/2024

Read time 3m

Financial Services

Portfolio managers will be covered by the Sustainability Disclosure Requirements

The UK regulator proposes to apply a similar approach in the near future to portfolio managers as for fund managers

21/05/2024

Read time 4m

Financial Services

International Funds Legal Update | 10 May 2024

Updates on authorisation applications, asset managers in full review mode and help has arrived on the new SEC rules

10/05/2024

Read time 4m

ESG, sustainability and responsible business

EU strengthens its arsenal in fight against environmental crime

Revised legislation brings in 'qualified' offences to criminalise serious environmental damage and replaces the 2008 law

16/04/2024

Read time 2m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook March 2024

EU directive to empower consumers for the green transition published in the Official Journal of the EU | European Parliament...

27/03/2024

Read time 2m

Regulatory and compliance

District Court of Amsterdam declares green claims of KLM misleading and unlawful

First Dutch greenwashing case brought in a class action on the legality of advertising statements

22/03/2024

Read time 4m

Financial Services

The UK's SDR: which sustainability labels can fund managers use?

Funds using labels will have a marketing advantage when raising capital from investors with sustainability mandates

12/03/2024

Read time 4m

Financial Services

Greenwashing in UK financial services | Practical guidance for regulated firms on compliance with new anti-greenwashing rule

New rule will come into effect from 31 May 2024 – what should firms be doing to prepare?

08/02/2024

Read time 4m

Regulatory Outlook

Environment, social and governance | UK Regulatory Outlook January 2024

FCA publishes Sustainability Disclosure Requirements | How UK and EU regulators plan to hold financial service providers accountable for greenwashing...

11/01/2024

Read time 7m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2024

Greenwashing | UK Online Advertising Programme | 'Dark patterns'

11/01/2024

Read time 4m

Regulatory and compliance

New UK advertising guidance as ASA proposes to actively investigate green disposal claims in 2024

Research by the ASA gives insight into consumer beliefs about the veracity of claims and understanding of terms used

21/12/2023

Read time 6m

ESG – Environmental, Social and Governance

How to avoid greenwashing risk in the European real estate sector

As sustainability becomes an integral part of developing and managing property, the possibility of a claim of greenwashing is now...

18/12/2023

Read time 5m

ESG – Environmental, Social and Governance

Green aviation claims fail to land with UK regulator

Advertising regulator finds against airline sustainability claims, while further CMA scrutiny of greenwashing is anticipated

15/12/2023

Read time 3m

ESG – Environmental, Social and Governance

How UK and EU regulators plan to hold financial service providers accountable for greenwashing

What can providers do to mitigate the risk of accusations of greenwashing as regulatory focus on ESG-related claims tightens?

12/12/2023

Read time 5m

Financial Services

UK's FCA lays down rules for sustainability disclosure requirements and investment labels

What will the new regime look like and what steps should firms consider taking at this stage?

12/12/2023

Read time 6m

ESG – Environmental, Social and Governance

ESG Knowledge Update | November 2023

Welcome to our Osborne Clarke ESG Knowledge Update, which offers a round-up of legal, regulatory and market news

30/11/2023

Read time 6m

Regulatory Outlook

Environmental, social and governance | UK Regulatory Outlook November 2023

FCA review finds firms need to do more to embed ‘Guiding Principles’ for ESG and sustainable investment funds | CFA...

29/11/2023

Read time 1m

Regulatory and compliance

The BEUC pushes the European Commission to take action against misleading environmental claims

Growing scrutiny of green claims in both the EU and UK

29/11/2023

Read time 3m

Regulatory Outlook

Fintech, Digital Assets, Payments and Consumer Credit | UK Regulatory Outlook October 2023

New rules on marketing cryptoassets to UK consumers now in force | Payment service contract termination rule changes | FCA...

31/10/2023

Read time 4m

Regulatory Outlook

Environmental, Social and Governance | UK Regulatory Outlook October 2023

Government calls for evidence on Scope 3 greenhouse gas emissions | Law Society guidance on climate risk governance and greenwashing...

31/10/2023

Read time 4m

ESG – Environmental, Social and Governance

Law Society of England and Wales provides guidance on climate risk governance and greenwashing risks

Guidance highlights importance of being aware of climate-related risks and ESG when advising boards

27/10/2023

Read time 2m

Competition, antitrust and trade

Collaborating on ESG: the UK's CMA publishes Green Agreements Guidance

Businesses will have more certainty on how to structure and deliver green collaborations and comply with competition law

25/10/2023

Read time 8m

ESG – Environmental, Social and Governance

Greenwashing: EU's latest legislative initiative steps up scrutiny of 'green' claims

New rules will focus on avoiding misleading ads and information about a business's environmental credentials and goals

25/10/2023

Read time 4m

ESG – Environmental, Social and Governance

UK ad and competition watchdogs take action against 'greenwashing' hydrogen claims

Businesses and advertisers in the UK are under increased scrutiny from regulators for inaccurate green advertising claims

24/10/2023

Read time 5m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook June 2023

CMA publishes a report on consumer protection in green heating and insulation sector | CAP releases guidance on the presentation...

28/06/2023

Read time 2m

Dispute resolution

The litigation risks of greenwashing: what would a misrepresentation claim in England and Wales look like?

Alongside growing regulatory, investor and consumer scrutiny of green claims, businesses face increasing risk of a misrepresentation action

26/04/2023

Read time 5m

Commercial

EU consumer group calls for ban on food climate-neutral claims

Advertisers need to be cautious about carbon-neutral food claims amid an increasing desire to crackdown on greenwashing

21/04/2023

Read time 4m

ESG – Environmental, Social and Governance

UK's FCA addresses the robustness and reliability of ratings providers' ESG benchmarks

The FCA is cracking down on incomplete, misleading, incorrect or outdated ESG benchmarks by benchmark administrators

18/04/2023

Read time 3m

Regulatory Outlook

Advertising and Marketing | UK Regulatory Outlook March 2023

Greenwashing claims in the EU | ASA discusses the ethics of automating regulation | The US warns companies to be...

28/03/2023

Read time 2m

Digital Regulation

Greenwashing: the current position of the Spanish laws

The European Commission is seeking to adopt the first set of hard law rules to address greenwashing by regulating the...

27/03/2023

Read time 4m

Regulatory and compliance

Europe steps up 'greenwashing' vigilance with new directive proposal

What does a Green Claims Directive mean for business and what is the regulatory 'state of play' in Europe and...

23/03/2023

Read time 6m

ESG – Environmental, Social and Governance

FCA targets potential ESG 'harms' caused by UK asset management firms

ESG investment products and strategies can pose risks to consumers and markets if not carefully labelled and described

07/03/2023

Read time 6m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Regulatory Outlook

Advertising and Marketing | UK Regulatory Outlook January 2023

Greenwashing and environmental claims | Online advertising programme | Focus on body image issues

27/01/2023

Read time 4m

Regulatory and compliance

CMA investigations to extend to consumer product 'green' claims in UK

Ongoing drive to tackle greenwashing and misleading claims means businesses - including food, toiletries, cosmetics and cleaning products - should...

27/01/2023

Read time 3m

ESG, sustainability and responsible business

FCA announces plan to develop a code of conduct for ESG data and ratings providers in UK

Regulator's growing focus on ESG continues with concerns over the subjective nature of sustainability data and greenwashing risk

10/01/2023

Read time 5m

Innovation underpins the global fashion industry's adjustment to decarbonisation

Robust IP strategies and patent protection for new innovations are vital as the industry 'greens' its supply chains

08/12/2022

Read time 3m

Decarbonisation

European producers given greater obligations to decarbonise with extended producer responsibility and greenwashing regulation

What sustainability-led producer and advertising obligations are on the horizon for businesses in France, Poland and the UK?

01/12/2022

Read time 7m

ESG, sustainability and responsible business

Enforcement risk rises for UK financial services firms over 'greenwashing'

Instances of enforcement action over greenwashing allegations increase as the regulatory regime on sustainability claims develops

25/07/2022

Read time 3m

Intellectual property

Greenwashing in advertising: legal requirements in Germany for claims on environmental protection and sustainability

There are numerous legal pitfalls when companies incorporate sustainability and environmental protection into their advertising claims. What needs to be...

07/09/2021

Read time 5m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2025

Advertising and AI | DMCCA and advertising | Adtech and use of cookies

13/01/2025

Read time 4m

ESG – Environmental, Social and Governance

SMEs should not lose sight of the CS3D as Belgium implements the CSRD

The CS3D's indirect impact on mid-sized and smaller businesses requires action to ensure they remain valuable partners

17/12/2024

Read time 5m

Banking and finance

Why isn't every loan sustainability linked in the UK?

Reassessing sustainability-linked loans for UK mid-market dealmakers

04/12/2024

Read time 4m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook November 2024

Government introduces Tobacco and Vapes Bill to Parliament: advertising aspects | ASA publishes update on its vaping project review |...

27/11/2024

Read time 4m

Corporate

UK directors' duties: IOD issues guidance on the importance of sustainable business practice

New voluntary code of conduct provides helpful steer to directors – especially with regard to 'responsible business'

15/11/2024

Read time 3m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook September 2024

UK government confirms implementation of advertising restrictions of 'less healthy' food and drink products | CMA issues guidance for fashion...

25/09/2024

Read time 2m

Financial Services

International Funds Legal Update | 15 July 2024

UK financial regulator issues more sustainability information and European authorities recommend SFDR adjustments

15/07/2024

Read time 4m

ESG – Environmental, Social and Governance

ESG Knowledge Update | July 2024

Welcome to our Osborne Clarke ESG Knowledge Update, which offers a round-up of legal, regulatory and market news

11/07/2024

Read time 4m

Financial Services

International Funds Legal Update | 21 June 2024

FCA sets out agenda for asset managers, UK Parliament's prorogation causes delays and ESMA regulates green fund claims

21/06/2024

Read time 5m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook May 2024

ASA publishes outcome of its consumer research into environmental claims in food advertising | ASA publishes new guidance on ad...

31/05/2024

Read time 3m

Financial Services

Portfolio managers will be covered by the Sustainability Disclosure Requirements

The UK regulator proposes to apply a similar approach in the near future to portfolio managers as for fund managers

21/05/2024

Read time 4m

Financial Services

International Funds Legal Update | 10 May 2024

Updates on authorisation applications, asset managers in full review mode and help has arrived on the new SEC rules

10/05/2024

Read time 4m

ESG, sustainability and responsible business

EU strengthens its arsenal in fight against environmental crime

Revised legislation brings in 'qualified' offences to criminalise serious environmental damage and replaces the 2008 law

16/04/2024

Read time 2m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook March 2024

EU directive to empower consumers for the green transition published in the Official Journal of the EU | European Parliament...

27/03/2024

Read time 2m

Regulatory and compliance

District Court of Amsterdam declares green claims of KLM misleading and unlawful

First Dutch greenwashing case brought in a class action on the legality of advertising statements

22/03/2024

Read time 4m

Financial Services

The UK's SDR: which sustainability labels can fund managers use?

Funds using labels will have a marketing advantage when raising capital from investors with sustainability mandates

12/03/2024

Read time 4m

Financial Services

Greenwashing in UK financial services | Practical guidance for regulated firms on compliance with new anti-greenwashing rule

New rule will come into effect from 31 May 2024 – what should firms be doing to prepare?

08/02/2024

Read time 4m

Regulatory Outlook

Environment, social and governance | UK Regulatory Outlook January 2024

FCA publishes Sustainability Disclosure Requirements | How UK and EU regulators plan to hold financial service providers accountable for greenwashing...

11/01/2024

Read time 7m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook January 2024

Greenwashing | UK Online Advertising Programme | 'Dark patterns'

11/01/2024

Read time 4m

Regulatory and compliance

New UK advertising guidance as ASA proposes to actively investigate green disposal claims in 2024

Research by the ASA gives insight into consumer beliefs about the veracity of claims and understanding of terms used

21/12/2023

Read time 6m

ESG – Environmental, Social and Governance

How to avoid greenwashing risk in the European real estate sector

As sustainability becomes an integral part of developing and managing property, the possibility of a claim of greenwashing is now...

18/12/2023

Read time 5m

ESG – Environmental, Social and Governance

Green aviation claims fail to land with UK regulator

Advertising regulator finds against airline sustainability claims, while further CMA scrutiny of greenwashing is anticipated

15/12/2023

Read time 3m

ESG – Environmental, Social and Governance

How UK and EU regulators plan to hold financial service providers accountable for greenwashing

What can providers do to mitigate the risk of accusations of greenwashing as regulatory focus on ESG-related claims tightens?

12/12/2023

Read time 5m

Financial Services

UK's FCA lays down rules for sustainability disclosure requirements and investment labels

What will the new regime look like and what steps should firms consider taking at this stage?

12/12/2023

Read time 6m

ESG – Environmental, Social and Governance

ESG Knowledge Update | November 2023

Welcome to our Osborne Clarke ESG Knowledge Update, which offers a round-up of legal, regulatory and market news

30/11/2023

Read time 6m

Regulatory Outlook

Environmental, social and governance | UK Regulatory Outlook November 2023

FCA review finds firms need to do more to embed ‘Guiding Principles’ for ESG and sustainable investment funds | CFA...

29/11/2023

Read time 1m

Regulatory and compliance

The BEUC pushes the European Commission to take action against misleading environmental claims

Growing scrutiny of green claims in both the EU and UK

29/11/2023

Read time 3m

Regulatory Outlook

Fintech, Digital Assets, Payments and Consumer Credit | UK Regulatory Outlook October 2023

New rules on marketing cryptoassets to UK consumers now in force | Payment service contract termination rule changes | FCA...

31/10/2023

Read time 4m

Regulatory Outlook

Environmental, Social and Governance | UK Regulatory Outlook October 2023

Government calls for evidence on Scope 3 greenhouse gas emissions | Law Society guidance on climate risk governance and greenwashing...

31/10/2023

Read time 4m

ESG – Environmental, Social and Governance

Law Society of England and Wales provides guidance on climate risk governance and greenwashing risks

Guidance highlights importance of being aware of climate-related risks and ESG when advising boards

27/10/2023

Read time 2m

Competition, antitrust and trade

Collaborating on ESG: the UK's CMA publishes Green Agreements Guidance

Businesses will have more certainty on how to structure and deliver green collaborations and comply with competition law

25/10/2023

Read time 8m

ESG – Environmental, Social and Governance

Greenwashing: EU's latest legislative initiative steps up scrutiny of 'green' claims

New rules will focus on avoiding misleading ads and information about a business's environmental credentials and goals

25/10/2023

Read time 4m

ESG – Environmental, Social and Governance

UK ad and competition watchdogs take action against 'greenwashing' hydrogen claims

Businesses and advertisers in the UK are under increased scrutiny from regulators for inaccurate green advertising claims

24/10/2023

Read time 5m

Regulatory Outlook

Advertising and marketing | UK Regulatory Outlook June 2023

CMA publishes a report on consumer protection in green heating and insulation sector | CAP releases guidance on the presentation...

28/06/2023

Read time 2m

Dispute resolution

The litigation risks of greenwashing: what would a misrepresentation claim in England and Wales look like?

Alongside growing regulatory, investor and consumer scrutiny of green claims, businesses face increasing risk of a misrepresentation action

26/04/2023

Read time 5m

Commercial

EU consumer group calls for ban on food climate-neutral claims

Advertisers need to be cautious about carbon-neutral food claims amid an increasing desire to crackdown on greenwashing

21/04/2023

Read time 4m

ESG – Environmental, Social and Governance

UK's FCA addresses the robustness and reliability of ratings providers' ESG benchmarks

The FCA is cracking down on incomplete, misleading, incorrect or outdated ESG benchmarks by benchmark administrators

18/04/2023

Read time 3m

Regulatory Outlook

Advertising and Marketing | UK Regulatory Outlook March 2023

Greenwashing claims in the EU | ASA discusses the ethics of automating regulation | The US warns companies to be...

28/03/2023

Read time 2m

Digital Regulation

Greenwashing: the current position of the Spanish laws

The European Commission is seeking to adopt the first set of hard law rules to address greenwashing by regulating the...

27/03/2023

Read time 4m

Regulatory and compliance

Europe steps up 'greenwashing' vigilance with new directive proposal

What does a Green Claims Directive mean for business and what is the regulatory 'state of play' in Europe and...

23/03/2023

Read time 6m

ESG – Environmental, Social and Governance

FCA targets potential ESG 'harms' caused by UK asset management firms

ESG investment products and strategies can pose risks to consumers and markets if not carefully labelled and described

07/03/2023

Read time 6m

Dark Patterns

Dark patterns and sustainability remain a target for Poland's consumer protection authority

Entrepreneurs in Poland need to be aware that consumer protection probes and proceedings are not slowing down

15/02/2023

Read time 4m

Regulatory Outlook

Advertising and Marketing | UK Regulatory Outlook January 2023

Greenwashing and environmental claims | Online advertising programme | Focus on body image issues

27/01/2023

Read time 4m

Regulatory and compliance

CMA investigations to extend to consumer product 'green' claims in UK

Ongoing drive to tackle greenwashing and misleading claims means businesses - including food, toiletries, cosmetics and cleaning products - should...

27/01/2023

Read time 3m

ESG, sustainability and responsible business

FCA announces plan to develop a code of conduct for ESG data and ratings providers in UK

Regulator's growing focus on ESG continues with concerns over the subjective nature of sustainability data and greenwashing risk

10/01/2023

Read time 5m

Innovation underpins the global fashion industry's adjustment to decarbonisation

Robust IP strategies and patent protection for new innovations are vital as the industry 'greens' its supply chains

08/12/2022

Read time 3m

Decarbonisation

European producers given greater obligations to decarbonise with extended producer responsibility and greenwashing regulation

What sustainability-led producer and advertising obligations are on the horizon for businesses in France, Poland and the UK?

01/12/2022

Read time 7m

ESG, sustainability and responsible business

Enforcement risk rises for UK financial services firms over 'greenwashing'

Instances of enforcement action over greenwashing allegations increase as the regulatory regime on sustainability claims develops

25/07/2022

Read time 3m

Intellectual property

Greenwashing in advertising: legal requirements in Germany for claims on environmental protection and sustainability

There are numerous legal pitfalls when companies incorporate sustainability and environmental protection into their advertising claims. What needs to be...

07/09/2021

Read time 5m

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Managing greenwashing risk

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