LoginSubscribe Now
International In-house Counsel Journal Logo
International In-house Counsel Journal Logo
  • Home
  • Business Sectors
  • Areas of Law
  • Editorial Board
  • Write a Paper
  • Subscribe
  • Books
  • Reports
  • Back Issues
  • Terms and Conditions
  • Cookie Policy
  • Privacy Policy
  • PLS LogoCopyright & permissions
© 2026 International In-house Counsel Journal Ltd. | ISSN 1754-0607 | Picture Credits: Freepix, Unsplash and by permission of the authors
Back to library search

ESG Colourwashing: Combating Modern-day Corporate Hypocrisy

February 2022ComplianceBanking & Finance

Abstract

Driven partly by the COVID-19 crisis, Environmental, Social and Governance (ESG) criteria have gained significant relevance, creating a growing market demand for both ESG-based consumer and investor products. This is the product of a shift in consumer and investor preferences on the one hand, as well as increased political pressures on the other. A company might opt for ESG-compliance out of a sense of moral duty beyond the immediate financial interests of shareholders, thereby focusing on the wellbeing of all stakeholders including the wider society. Nonetheless, rarely are companies truly altruistic. Studies have found that integrating sustainability metrics into a business model more often than not creates real added financial value, betters the working environment and improves the reputation of the company significantly. Some if not most companies are being good, but only insofar as it benefits them financially. This in turn creates a significant moral hazard, where the appearance of ESG compliance could prove more lucrative than actually implementing ESG principles

Subscribe to reador
PLS Logo Copyright & permissions

Authors

Timo Matthias Spitzer

Head of Legal Corporate and Investment Banking Germany, Austria, Switzerland & Scandinavia, Banco Santander, SA., Germany

Klemen Kreca

Associate, Schönherr Attorneys at Law, Slovenia

Related Papers

Independence of the Compliance Function & What Makes a Compliance Officer Successful
This article addresses the question of why the Compliance Function in financial services firms, including banks, needs to be independent, and the factors that can contribute to such independence. “‘Independent’...Read more
Portrait image of Elizabeth Fiorelli
Elizabeth Fiorelli
Assistant Adviser of Global Legal and Compliance, Sumitomo Mitsui Trust Bank, Limited, New York Branch, USA
Is a Single Bank Supervisor Inevitable throughout the European Union?
Nineteen Member States (out of 27) of the European Union have currently adopted the euro as their common currency and joined the banking union of the EU. By treaty provision...Read more
Portrait image of Duncan Alford
Duncan Alford
Associate Dean and Professor, University of South Carolina, USA
Suitability Requirements for Members of Corporate Bodies Within the Framework of an International Banking Group
Suitability requirements for members of corporate bodies are a key point for a sound corporate governance in banks and banking groups. The Guidelines issued by EBA and ESMA in 2017...Read more
Bridging the Savings and Investing Gap: A New Approach to Terms for Retail Investment Services
In this article we discuss how our work putting a better understanding of consumers at the heart of everything we do and our work readying Barclays for Open Finance, incentivised...Read more
Portrait image of Claire Mooney
Claire Mooney
Lawyer, Barclays, UK
Portrait image of Sally Wallwork
Sally Wallwork
Lawyer, Barclays, UK