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Sustainability Disclosure Requirements (SDR) and investment labels: the new rules

Introduction

SDR is widely seen as the UK's answer to the EU Sustainable Finance Disclosure Regulation (SFDR), which is currently under review by the European Commission (in fact, we understand that the Commission has an eye on SDR as part of that review). While narrower in scope than SFDR in some respects, it goes further in others insofar as it provides for a set of formal product labels and imposes minimum standards for labelled­ products and non-labelled products that have ESG-related terms in their names (although some will already be familiar with the FCA's ‘Guiding Principles’ for authorised ESG and sustainable investment funds, which sets out expectations in terms of design, delivery and disclosure in relation to such funds).

The Energy Act 2023: a brave new world?

On 26 October 2023, the UK's Energy Act 2023 (the "Act") received Royal Assent, becoming one of the largest pieces of energy legislation in a generation. The Act was originally introduced in July 2022 by then Energy Secretary Kwasi Kwarteng as the 'Energy Security Bill'. The Energy Security Bill was reviewed following the resignation of Boris Johnson and Liz Truss before being re-tabled to the House of Lords on 12 December 2022 under its new name, the Energy Act.

QCA Publishes Revised Corporate Governance Code

Last week the Quoted Companies Alliance (the "QCA") published its revised Corporate Governance Code (the "Revised Code"). The Revised Code will apply in respect of financial years beginning on or after 1 April 2024 and there will be a 12-month transition period (from 1 April 2024) during which companies will have additional flexibility to adjust to the provisions of the Revised Code.

Infrastructure Spotlight – Autumn 2023

In this edition, we highlight the key regulatory and policy developments this Autumn which will impact investors in and operators of energy and infrastructure assets in the UK. Please get in touch if you'd like to discuss any of the issues discussed below.

EU proposal on Critical Raw Materials

On 16 March 2023, the EU Commission announced plans for the "Critical Raw Materials Act" (the "CRMA"): a "comprehensive set of actions" designed to ensure long-term access in the EU to a secure and sustainable supply of critical raw materials. The proposal forms part of the Green Deal Industrial Plan, adopted in February 2023, which aims to create a regulatory environment which supports the net-zero transition.

The UK-US Data Bridge – a new way forward for transatlantic data transfers

There's a new way for UK businesses to transfer personal data compliantly to the US. A newly established data bridge, an extension to the EU-US Data Privacy Framework (DPF) adopted in July 2023, enables organisations in the UK to transfer personal data to organisations in the US that have certified to the DPF, without putting in place further safeguards, such as standard contractual clauses (SCCs), or carrying out a transfer risk assessment.

CSRD: a moving target?

As many companies take the first steps towards understanding the impact of the Corporate Sustainability Reporting Directive ("CSRD") on their organisations, a series of seemingly impactful changes to the regime, and corresponding alarming headlines, have emerged. However, while these changes and headlines might make businesses worry that they will need to pivot their plans and processes as a reaction, in practice, many of those currently preparing for CSRD reporting may find that recent developments do not move the dial significantly and they may well still be on the right path towards CSRD compliance.

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