THALEX INSIGHTS

ESG & CLIMATE

Corporate climate claims should be governed as an evidence record

IFRS S1 and IFRS S2 show why sustainability disclosure is more than communications. Data, approval authority and consistency between strategy and public claims require control.

THE CENTRAL QUESTION

Before a climate target or ESG statement is published, what should the legal function test?

01

Claims must lead back to data and governance

IFRS S1 addresses sustainability-related risks and opportunities that could affect cash flows, access to finance or cost of capital. IFRS S2 focuses on climate-related risks and opportunities through governance, strategy, risk management, metrics and targets.

Whether or not an entity is required to apply a particular standard, this structure provides a useful control test: who is responsible, where the data came from, which period is measured and which assumptions support the target.

02

The gap between marketing and the internal record creates risk

Terms such as “green”, “carbon neutral” or “low emissions” may create expectations wider than the underlying data. A review should define product scope, unit, baseline, timeframe, exclusions and the degree of independent assurance.

The legal function should retain data versions, calculation sources, approvals and the basis for each material statement. A change in assumptions should trigger an update or correction process.

03

Disclosure standards do not replace applicable law

IFRS S1 and S2 are important reference points, but specific duties depend on jurisdiction, capital market, financing contract and sector. Businesses should map obligations rather than assume that one global report satisfies every local requirement.

Practical takeaways

  1. 01

    Assign a data owner and approver for each category of claim.

  2. 02

    Record scope, baseline, method, assumptions and limitations.

  3. 03

    Maintain version history and a correction process as data or standards change.

Primary reference materials

IFRS Foundation — IFRS S1 General RequirementsIFRS Foundation — IFRS S2 Climate-related Disclosures

External links lead to materials issued by the relevant body. THALEX LAW prepared the analysis in original language.

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