CCRcorp Sites  

The CCRcorp Network unlocks access to a world of insights, research, guides and information in a range of specialty areas.

Our Sites

TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

Many folks have known for years that ESG data is generally not verified or subject to the same internal controls as financial information (especially for U.S. companies). I’ve written about it here on PracticalESG.com and even years before. There are risks with data being pushed into the public sphere that isn’t subject to monitoring and controls procedures. Much of the focus has been on the compliance and litigation risks of including inaccurate data in public-facing disclosures or in representations to business partners. Now that the general public is becoming more interested in sustainability, inaccurate information can also create sales and revenue risks – particularly due to advances in artificial intelligence (AI).

The convergence of AI and ESG may already be on your radar because investors and ESG ratings organizations are increasingly using AI algorithms to locate, gather and process ESG data. Something that caught my eye this week is a browser extension that works with Amazon and gives a sustainability ranking (1-10) for everyday consumer products. Finch was recently launched as a way to “help consumers do less upfront work and help drive brands to be more sustainable” according to founder Lizzie Horvitz. Their Ratings System Cheat Sheet admits the approach and methodologies (which are currently limited to environmental issues and I won’t go into detail here about my other concerns) are being refined, but the point is that Finch:

  • works on the world’s largest online retail platform
  • using ESG data made publicly available somewhere without undergoing verification and internal controls
  • to provide instantaneous ESG ratings directly to consumers.

Finch may not be the only one doing this – and that should heighten corporate concern about the validity and accuracy of non-regulatory and non-financial ESG data they publish.

What You Can Do

I’ve said this many times before and it bears repeating – ESG data should be subjected to the same internal monitoring, verification and controls as financial data that is reported externally.

  • Involve your internal audit group would be an easy place to start.
  • When hiring external experts, make sure they are adequately qualified in the subject matter(s) so the can adequately assess the context and quality of the information they would be reviewing.
  • When using industry ESG audit or certification programs, consider actively engaging in those programs as I discussed previously.

Back to all blogs

The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile