Suspend (rather than terminate) the business relationship as a last resort where adverse impacts cannot be prevented or mitigated, after assessing that suspension is not manifestly more harmful, with reasonable notice to the business partner
What changes
Companies' last-resort escalation duty softens from termination to suspension (with an exemption where suspension would itself be manifestly more harmful).
Prior rule vs new rule
As a last resort, the company was required to terminate the business relationship for unaddressed adverse impacts, not merely suspend it.
Prior wording not available in the source file.
Adverse impacts that could not be prevented or adequately mitigated by other measures
Suspend (rather than terminate) the business relationship as a last resort where adverse impacts cannot be prevented or mitigated, after assessing that suspension is not manifestly more harmful, with reasonable notice to the business partner
Who is affected
Burden drivers
Source text
the company shall, as a last resort: (a) refrain from entering into new, or extending existing, relations with a business partner in connection with which, or in the chain of activities of which, the impact has arisen, (b) where the law governing its relation with the business partner concerned so entitles it, adopt and implement an enhanced prevention action plan for the specific adverse impact without undue delay, provided that there is a reasonable expectation that those efforts will succeed, and (c) use or increase its leverage through the suspension of the business relationship with respect to the activities concerned.
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