应对“洗绿”挑战：国际监管趋势概览.pdf

The Challenge of Greenwashing:An International Regulatory Overview3The Challenge of Greenwashing:An International Overview 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.319%15%10%72%40%53%Oil and GasBanking and Financial ServicesTravel and AirlinesGrowing Complexity of the Greenwashig Regulatory LandscapeThis report provides a comprehensive mapping of greenwashing regulations across 25 jurisdictions.Click on the map to directly access the specific rules and guidelines for each jurisdiction.Participating jurisdictions:Australia,Austria,Belgium,Brazil,Canada,Chile,Colombia,Finland,France,Germany,Indonesia,Ireland,Italy,Malaysia,Mexico,Netherlands,Norway,Romania,Singapore,South Africa,Spain,Taiwan,Thailand,United Kingdom.and United States.Source:Statement of Reasons of the EU Proposal on Green Claims Directive.By Sectors69%66%Have adapted the climate-related language and terminology used to meet changing stakeholders needs.Of CEOs admit they arent prepared to withstand potential shareholder scrutiny.CEOs perpectives on ESGGreenwashing Statistics:A 2023 Global PerspectivePercentage of ESG risk incidents linked to misleading communication on climate change,GHG emissions,and global pollution.Data covers from January to September 2023.Source:referenced by the European Banking Authority(EBA)in its Final Report on“Greenwashing Monitoring and Supervision.”Ehenis moluptatur reserit dolore aut offic tem.Mus int aut volupta tisimpe perepudio.Etof Consumers want to reduce their environmental impactof EU Green Claims found to be“completely unsubstantiated”of EU Green Claims found to be“vague,misleading or unfounded”Source:”KPMG 2024 CEO Outlook”IntroductionOrigin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdiction4The Challenge of Greenwashing:An International Overview 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.4Greenwashing on the NewsAccusations of greenwashing are surging,and governmental scrutiny is intensifying.Stakeholders such as consumers,employees,and board members are now more vigilant than ever,considering greenwashing risks when evaluating companies.Navigating the numerous existing frameworks and international standards becomes crucial to any organization committed to genuine sustainability.Understanding these dynamics is crucial for any organization committed to genuine sustainability.IntroductionOrigin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview5 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Introduction At the product,service or business operation level:“What you sell”At the entity level:“What you say”At the counterparty(suppliers)level:“What you serve”Damage to corporate reputation.Legal and litigation risks.Accusations from NGOs and activist organisations.Accusations from business competitors.Accusations from stakeholders.Identify potential sources of risk when making green claims.How to substantiate my claims.Consequences of not complying with required obligations.What are the Five Key Questions to Ask Yourself?In what corporate activities can greenwashing practices ariseWhat risks do I face if accused of greenwashingWho is driving the rise in greenwashing accusations How are the different jurisdictions approaching or preventing greenwashing What should I consider when making a green claim13452?The risk of greenwashing is increasing for companies globally,making it essential for them to accurately understand,analyze,and stay informed about relevant trends.Origin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview6 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.IntroductionContents01.KPMG International Overview 702.Originanddefinitionofgreenwashing9 How did greenwashing originate?10 What is meant by greenwashing?11 Greenwashing by sectors 12 What types of environmental claims can give rise to greenwashing risk?13 How does greenwashing materialise?14 What are the consequences?1503.What factors have contributed to the development of greenwashing practices?1604.What are the main risks associated with greenwashing?1805.What compliance mechanisms to mitigate the risk of greenwashing?2306.Isthereastandardlegaldefinitionofgreenwashing?25 How are the different jurisdictions approaching or preventing greenwashing?26 A special focus on the financial sector 2707.Greenwashingrulesbyjurisdictions29Origin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview7 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.KPMG International Overview KPMG International Overview01.IntroductionOrigin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview8 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.KPMG International OverviewKPMG international OverviewGreenwashing is the term commonly used for a marketing strategy used by some companies to appear more environmentally friendly than they actually are.This deceptive marketing practice involves using using false or misleading communication to position their products,services or business,capitalising on the growing environmental consciousness among consumers and investors.A notable surge in public awareness of the need to transition to a more sustainable way of life has fuelled the adoption of green practices and their significance for purchasing decisions.A 2023 study carried out by KPMG in the UK found that 50%of consumers are willing to pay more for sustainable products.That trend may increase as younger generations,who are likely to place even greater value on climate concerns,grow into their purchasing power.The demand for environmentally-friendly products has prompted companies and investors alike to recognise the long-term advantages and growth opportunities associated with sustainability and to utilise it as a market differentiator.Green claims and information on sustainability must be clear,not misleading and substantiated in order to avoid greenwashing accusations.KPMG Global greenwashing surveyThis report gathers the findings derived from the analysis of information regarding greenwashing accusations and regulations across 25 jurisdictions.Legal specialists from KPMG firms in these jurisdictions have contributed to this comparative guide which illustrates the ways participating jurisdictions tackle greenwashing,from specific regulatory measures to general regulations,such as Consumer Protection laws and Anticompetitive rules.This report considers representative greenwashing cases from each jurisdiction to identify greenwashing trends from a regulatory enforcement and private litigation perspective.KPMG professionals have also considered the specific impact on the financial services sector,where disclosure of corporate climate transition plans and transparency on the sustainability of financial instruments are fundamental prerequisites for effective capital allocation and climate risk management.A 2023 study carried out by KPMG in the UK found that 50%of consumers are willing to pay more for sustainable productsJuristictions covered in greenwashing surveyAustralia,Austria,Belgium,Brazil,Canada,Chile,Colombia,Finland,France,Germany,Indonesia,Ireland,Italy,Malaysia,Mexico,Netherlands,Norway,Romania,Singapore,South Africa,Spain,Taiwan,Thailand,United Kingdom and United StatesIntroductionOrigin and definitionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview9 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Origin and definition Origin and definition of greenwashing02.IntroductionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview10 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Origin and definitionHow did greenwashing originate?Greenwashing was coined by environmentalist Jay Westerveld in1986toexposethepracticesofsomehotelsthaturgedgueststo reuse towels while wasting resources elsewhere.The term was more broadly adopted as a response to marketing strategies that sought to capitalise on growing environmental awareness without a genuine commitment to sustainability.IntroductionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview11 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Origin and definitionWhat is meant by greenwashing?Common features of greenwashing include:Greenwashing can be understood as deceptive marketing practices used by companies to create a false impression of environmental responsibility.This strategy involves providing misleading or false information about the environmental impact of a companys products,services or operations to appear more eco-friendly than they actually are.Reframe the debate Thecriteriaforwhatqualifiesasgreenorsustainablecan be subject to interpretation in the current regulatory landscape where in the majority of the cases there is no specific regulation on greenwashing,but general regulations,such as Consumer Protection laws and Anticompetition rules.Without clear guidelines,companies may believe they are acting within acceptable boundaries when making sustainability claims.For this reason,businesses need to reframe the debate to include the intentionality factor in greenwashing.This inclusion is crucial for providing clarity and ensuring accountability,helping to differentiate between genuine sustainability efforts and deceptive practices.This shows the importance that robust independent assurance may have.Information about products that is not expressly wrong,but is misleading,such as by overstating certain characteristics.Communications that omit relevant information,making them misleading to consumers,investors,or other market participants.Statements that are too generic and vague,such that they cant be substantiated.The presentation of company objectives that disguises the lack of ambition or alignment to broader goals.1342IntroductionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview12 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Origin and definitionOver the years there have been a number of notable cases of greenwashing in communication and advertising campaigns by large multinationals in a range of sectors from those associated with fossil fuels,through to consumer focused businesses in the fashion,cosmetics,mobile technology,decoration,or fast food sectors,as wellasfinancialservicesbusinesses.Of these,the financialservicessectorplaysaparticularlyimportantroleinfinancing,andinsuring,thetransitionto a sustainable economy.Achieving a global net zero economy will come at a cost.According to a report titled“The Future of European Competitiveness”,published in September 2024 by Mario Draghi,the former President of the European Central Bank,Europe must invest 800 billion by 2030 in order to achieve the 2030 climate goals and ensure the competitiveness of its industries.Mobilising private investment is essential to achieve this ambitious goal.Simultaneously,financial institutions should be seeking to ensure that their investments and influence align with pathways that scale up climate mitigation across all sectors and regions.For these resources to be properly allocated,information must be reliable,clear and not misleading making the eradication of greenwashing a necessity.100Share of greenwashing risk incidentsIncident year806040202018201920202021202220230OtherRetail,personal and household goodsBanking and financial servicesOil and gasTravel and airlinesIndustrials and constructionMiningUtilitiesFood and beverageGreenwashing by sectorsShifting breakdown of sectors linked to climate greenwashingBased on number of ESG risk incidents linked to misleading communication surrounding climate change,GHG emissions,and global pollution.2023 values reflect data from January to September at time of publication.Source referenced by the European Banking Authority(EBA)in its Final Report on“Greenwashing Monitoring and Supervision”news-research/reports/on-therise-navigating-the-wave-of-greenwashing-and-social-washingIntroductionRegulatory definitionGreenwashing practicesMain risksCompliance mechanismsKPMG International OverviewGreenwashing rules by jurisdictionThe Challenge of Greenwashing:An International Overview13 2024 Copyright owned by one or more of the KPMG International entities.KPMG International entities provide no services to clients.All rights reserved.Origin and definitionWhat types of environmental claims can give rise to greenwashing risk?Unsubstantiated claims.These can manifest as overstated or unverified numbers,which may be presented without proper evidence.Some companies may use outdated standards to measure and present their performance,which can create a false impression.Some organizations frequently face criticism for claiming ambitious future goals without making tangible improvements,highlighting a disconnect between intention and action.Dubious labels and terminology.Some companies may use vague terms without proper explanation,leaving consumers unclear about the actual environmental benefits,or use inspirational adjectives in