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Many companies may not realise that their everyday operations, from sourcing minerals to manufacturing goods, can contribute to both human rights violations and environmental harm. Conflict minerals, child labor, and environmental degradation are often deeply embedded in global supply chains, making it challenging for businesses to track their impact. The Swiss Supply Chain Act (VSoTr), which came into force on January 1, 2022, aims to address these critical issues.
The VSoTr requires Swiss companies to adopt robust due diligence measures across their supply chains, particularly in the sourcing of conflict minerals (like tin, tantalum, tungsten, and gold) and ensuring that child labor is not involved. The Act also pushes companies to be transparent about how they source raw materials, encouraging businesses to not only protect people but also safeguard the environment.
👉 In this article, we’ll explore how the VSoTr sets new standards for ethical and environmentally responsible business practices, outlining the key obligations it places on companies and the broader implications for Swiss industries.
The Swiss Supply Chain Act (VSoTr), also known as the Ordinance on Due Diligence and Transparency (ODDT), came into force on January 1, 2022. The Act is rooted in the “For Responsible Business – to Protect People and the Environment” initiative, also referred to as the Corporate Responsibility Initiative, which sought to ensure that Swiss companies adhere to global standards not only for human rights but also for environmental protection. While the initial Corporate Responsibility Initiative was rejected in a 2020 referendum, the indirect counter-proposal - what we now know as the VSoT - automatically became law in 2022.
The VSoTr is designed to hold Swiss companies accountable for human rights abuses and, to a certain extent, environmental harm within their supply chains. Its primary focus is on two key areas:
Although the VSoTr’s focus is predominantly on human rights, it also indirectly addresses environmental concerns. By enforcing responsible sourcing and traceability systems, the Act encourages companies to avoid contributing to environmental degradation associated with conflict mining. For example, responsible mining practices often reduce harmful impacts like deforestation, water pollution, and land degradation. However, it’s important to note that the VSoTr does not impose direct environmental regulations or comprehensive environmental impact assessments. The environmental benefits come as a secondary outcome of the broader due diligence efforts required for conflict minerals.
The Swiss Supply Chain Act (VSoTr) applies to companies headquartered in Switzerland or with their principal place of business in Switzerland, focusing on those involved in the procurement, import, or processing of minerals and metals from conflict-affected or high-risk areas. The Act primarily targets materials containing tin, tantalum, tungsten, or gold - commonly referred to as 3TG - as well as companies at risk of sourcing goods produced through child labor.
The VSoTr impacts a broad range of industries, from mining to electronics, requiring companies in these sectors to evaluate their supply chains for risks associated with conflict minerals or child labor. For example, any company that uses 3TG in its products - whether through direct import or via suppliers - must ensure that these materials are responsibly sourced.
However, small and medium-sized enterprises (SMEs) are exempt from the Act's due diligence and reporting obligations, provided they meet specific criteria. Companies with fewer than 250 employees or that fall below certain financial thresholds are generally not required to comply with the VSoTr unless there is a significant risk of child labor in their supply chain.
The Act also grants exemptions to companies that already comply with internationally recognised standards. For example, companies that adhere to the OECD Due Diligence Guidance for Responsible Supply Chains or the EU Conflict Minerals Regulation may be exempt from additional reporting, as these frameworks already align with the goals of the VSoTr.
Companies are also exempt if the quantity of imported minerals or metals remains below the set thresholds established by the ordinance, reducing the burden for businesses with minimal involvement in high-risk sourcing.
The Swiss Supply Chain Act (VSoTr) imposes due diligence obligations on companies operating in high-risk supply chains. These obligations are designed to ensure that Swiss businesses uphold international human rights standards and take appropriate steps to manage risks across their supply chains.
The VSoTr requires companies to establish due diligence frameworks that help identify and mitigate risks related to human rights abuses and environmental harm. Key elements of the due diligence process include:
In addition to due diligence, the VSoTr requires businesses to provide annual reports outlining how they have fulfilled their obligations. These reports must include detailed information about the steps taken to manage risks, trace materials, and ensure compliance with supply chain policies.
The reporting obligation is central to the transparency required by the Act. It not only demonstrates a company’s commitment to ethical practices but also holds them accountable by making their actions public. The reports are available to the public and relevant authorities, reinforcing the company’s accountability.
Failure to comply with the VSoTr’s due diligence and reporting requirements can lead to penalties, including reputational damage and potential legal action. Although the Act doesn’t impose strict financial penalties, the reputational risks of non-compliance, especially for companies with global supply chains, can be significant.
The Swiss Supply Chain Act (VSoTr) places a strong emphasis on risk management, requiring companies to take proactive steps to prevent human rights violations and environmental harm in their supply chains. Effective risk management strategies are central to identifying potential issues early, ensuring compliance, and maintaining ethical operations.
One of the key risk management tools mandated by the VSoTr is the creation of grievance mechanisms. These systems allow employees, suppliers, and external stakeholders to report any concerns linked to child labor, conflict minerals, or other risks within the supply chain.
By creating accessible reporting channels, companies can address potential violations before they escalate into more significant problems. These mechanisms also help integrate transparency and accountability throughout the supply chain.
To manage risks businesses are also encouraged to conduct on-site inspections and supplier audits. These audits help verify that suppliers adhere to ethical standards and comply with the company's responsible sourcing policies. Regular audits can uncover issues such as the use of child labor or unsafe working conditions, allowing companies to take appropriate corrective actions. This approach is especially important when working with suppliers in high-risk or conflict-affected areas.
Another crucial element of risk management is working with suppliers that are certified under internationally recognised standards. The VSoTr encourages companies to use certification schemes, such as those provided by the OECD Due Diligence Guidance or EU Conflict Minerals Regulation, to verify the ethical sourcing of materials. These standards help businesses mitigate risks by ensuring that their suppliers follow due diligence practices and responsible sourcing protocols.
In some cases, companies may not have the internal capability to manage complex supply chain risks. Collaborating with third-party experts can provide companies with specialised support in managing and assessing risks.
The Swiss Supply Chain Act (VSoTr) introduces both challenges and opportunities for businesses operating in Switzerland, particularly for those managing complex, global supply chains. However, while compliance with the Act may require significant investment in terms of time and resources, it also offers the opportunity to strengthen business practices and enhance reputational value.
Challenges include:
Challenge | Details | Proposed Solution |
---|---|---|
Complexity of global supply chains | Managing multi-tiered global supply chains makes it difficult to trace the origins of materials such as conflict minerals or ensure labor standards, especially in high-risk areas. | Implement robust traceability systems and enhance internal processes for tracking and managing risk across the supply chain. |
Cost of compliance | Complying with the VSoTr requires investment in audits, traceability systems, and third-party assessments, which can be particularly burdensome for smaller companies. | Adopt digital platforms to streamline audits and reporting, and seek external certification to align with international standards, reducing long-term costs. |
Reputational risks | Non-compliance with the VSoTr or failure to meet its transparency requirements can lead to significant reputational damage, attracting scrutiny from regulators and the public. | Develop clear supply chain policies and transparent reporting to show stakeholders your commitment to ethical sourcing, which can also enhance brand reputation. |
However, the VSoTr is also an opportunity for companies that embrace it, benefits include:
Although the Swiss Supply Chain Act (VSoTr) primarily focuses on human rights - particularly conflict minerals and child labor - it also plays a role in promoting more environmentally sustainable business practices. By enforcing responsible sourcing and requiring companies to trace the origins of materials, the Act indirectly encourages environmentally responsible behaviors.
While the VSoTr does not impose direct environmental regulations, its focus on ethical sourcing can contribute to reducing the environmental footprint of businesses, especially those working with high-risk materials.
To meet the requirements of the Swiss Supply Chain Act (VSoTr), companies need to take proactive measures to ensure their supply chains are transparent, ethical, and aligned with the Act’s due diligence standards. Below are some practical steps businesses can take to ensure compliance:
The first step for companies is to develop a clear supply chain policy that outlines their commitment to ethical sourcing, human rights, and environmental standards. This policy should be communicated to all suppliers and incorporated into supplier contracts.
Companies need to establish a robust traceability system to track the origins of materials, particularly for minerals like tin, tantalum, tungsten, and gold. This system should capture key information, including the names and locations of suppliers, the country of origin of the materials, and, when applicable, the smelters or refineries involved.
Businesses must carry out thorough risk assessments to identify potential human rights and environmental risks within their supply chains. This involves evaluating suppliers based on their location, industry, and the materials they provide, particularly in high-risk areas where conflict minerals or child labor might be involved.
Maintaining open communication and collaboration with suppliers is important. Companies should work closely with their suppliers to ensure compliance with ethical standards and identify opportunities for improvement. Engaging with suppliers to provide training, support for certifications, and regular assessments can help ensure long-term compliance.
To verify compliance and ensure that suppliers are meeting the necessary standards, companies can conduct third-party audits. These audits can provide an independent assessment of suppliers’ adherence to ethical sourcing practices, ensuring that due diligence efforts are properly implemented.
One of the key obligations under the VSoTr is annual reporting. Companies must provide detailed reports that outline how they are managing risks in their supply chains, including the results of their due diligence efforts, traceability systems, and any actions taken to mitigate risks. These reports must be transparent and publicly available.
At Greenly, we understand that businesses are under increasing pressure to ensure that their operations, including their supply chains, are not only ethical but also environmentally sustainable. Greenly specialises in helping companies reduce their carbon emissions and build sustainable supply chains that contribute to a more responsible future.
Greenly provides businesses with the tools and expertise needed to measure, track, and reduce carbon emissions across their entire supply chain. Our platform is designed to streamline emissions management while helping companies meet broader sustainability goals:
At Greenly, we recognise that no two companies are the same. That’s why we work closely with you to develop a sustainability strategy that aligns with your unique business model and supply chain structure. Whether you aim to meet emissions reduction targets or improve your overall sustainability credentials, we offer practical, actionable solutions to help you achieve your goals.
👉 At Greenly, we focus on helping businesses reduce their carbon footprint and make their supply chains more sustainable. We provide the tools and expertise you need to make meaningful progress toward a low-carbon future. Get in touch with us today to start your sustainability journey.