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EUFLR vs CSDDD: ban versus due diligence duty

The two are often mentioned together and are opposites in structure. The Corporate Sustainability Due Diligence Directive tells large companies what process to run. The Forced Labour Regulation tells no one to run any process, and prohibits a product.

Under the CSDDD an in-scope company must identify, prevent, mitigate and account for adverse human rights impacts in its chain of activities, and can be held liable for failing to. Under the Forced Labour Regulation any operator, of any size, may find a product prohibited, withdrawn and disposed of if an authority establishes it was made with forced labour — and the authority, in deciding whether to investigate, weighs the due diligence the operator carried out. So CSDDD, where it applies, is the process that produces the evidence the Forced Labour Regulation will read; and where CSDDD does not apply, the Regulation's Guidelines offer the same OECD six-step framework as voluntary guidance. The practical overlap is the map: the multi-tier supplier data, facility locations and remediation records that both instruments turn on. The platform keeps one and reads it for both.

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