Greenwashing y su impacto en las pólizas de D&O
Greenwashing y su impacto en las pólizas de D&O
The rise of ESG positioning has intensified scrutiny of corporate environmental claims, transforming greenwashing from a reputational issue into a legal risk for directors. Recent judicial decisions, such as the Santander court ruling favoring Repsol, illustrate the complexities courts face when evaluating sustainability statements. However, these rulings highlight that misleading assertions can still expose leadership to liability, shifting the focus from mere brand perception to direct legal accountability. Consequently, greenwashing now directly impacts directors’ and officers’ liability. While specific claims against executives in Spain remain unproven, Europe already recognizes this as a significant source of litigation. Directors may be held responsible for approving deceptive campaigns or failing to supervise ESG strategies, making this risk a critical component of corporate governance and executive protection rather than just a marketing concern. The insurance market is reacting by integrating ESG factors into underwriting processes through stricter internal control requirements. Insurers are expected to introduce specific exclusions or limits regarding sanctions and litigation arising from misleading environmental advertising. Therefore, companies must proactively enhance their governance frameworks, as greenwashing is increasingly determining the scope and viability of directors’ and officers’ liability coverage.
Source: inese.esPublished on 2025-09-18