ESG for dispute resolution lawyers

The content in this subtopic aims to provide dispute resolution lawyers with an understanding of the implications of ESG (environmental, social and governance) issues as they may arise in the disputes context in this jurisdiction.

What is ESG?

‘ESG’ is an acronym, being an ‘umbrella term’ used to refer to the environmental, social and governance issues or aspects of an organisation’s activities.

Historically, the term was closely aligned with the concept of corporate social responsibility (CSR)—a business management or governance concept whereby organisations sought to create a positive impact, through their commercial activities and ‘responsible investment’, on their environment, consumers, employees, and other stakeholders. However, ESG is of broader scope and has fast become a concept of far greater significance as its underlying ethos is underpinned by an increasing array of domestic and international legislation, in respect of which failure to comply can have serious consequence. Nor is the impact of ESG limited to corporate entities.

ESG is perhaps most commonly recognised in the environmental (E) context: at its most basic, as to what an entity is doing to reduce its negative impact on the environment, but the

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Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

Information Law analysis: This claim relates to the scope of production and the application of the exemptions to production of personal data in responding fully to a subject access request. The Claimant, Thomas Cole (Cole), who was a student at the Defendant school, Marlborough College (the College), submitted a data subject access request (DSAR) under Article 15 of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) after he was removed from the school following his involvement in a physical altercation with another student. In this half-day case management hearing, Mr Justice Nicklin assessed whether the College was entitled to withhold, in whole or part, documents containing Cole’s personal data, rather than providing the material for inspection ahead of a two-day trial on the data protection claim expected to start in mid-2025. The court held that the College was entitled to withhold some documents (containing Cole’s personal data) on the grounds of the exemption in paragraph 16 of Schedule 2, Part 3 to the Data Protection Act 2018 (DPA 2018). In short, this exemption provides that a controller is not obliged to disclose information to a data subject where doing so involves disclosing information that relates to another individual who can be identified from that information, whether as the source of information or as the subject of such information. Written by Robyn Bond, associate at Ropes & Gray International LLP.

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