CSRD implementation in Germany: orientation in uncertain times

The Corporate Sustainability Reporting Directive (CSRD) obliges almost 50,000 companies in Europe to publish an annual sustainability report in addition to their financial report. While many EU countries (including France, Italy and Austria) have already transposed the directive into national law, Germany is lagging behind. As of today (23.01.2024), the corresponding law has not yet been passed in the Federal Republic of Germany.

This delay is causing considerable uncertainty for companies. In particular, the German government’s pushback against the EU – for example, with regard to the requirements for double materiality and the strict reporting standards of the ESRS – has further complicated the situation. Many companies are asking themselves: What rules will really apply from 2025 and how do I prepare for them?

In the midst of this uncertainty, it is crucial to maintain an overview. This article offers you guidance and shows you how you can best prepare for the CSRD and its implementation in Germany despite the uncertainties. Because one thing is clear: the reporting obligations are coming – and those who act now will gain a clear advantage.

What is the CSRD and why is it important?

The CSRD is an EU-wide directive that revolutionizes sustainability reporting for companies. It replaces the previous Non-Financial Reporting Directive (NFRD) and introduces more comprehensive and detailed requirements.

The central objectives of the CSRD

  • Uniform reporting standards With the Sustainability Reporting Standards (ESRS), the CSRD creates a clear framework for environmental, social and governance (ESG) issues.
  • Double materiality: Companies must not only identify and disclose the impact of their actions on the environment and society, but also the financial impact of sustainability-related risks as part of a double materiality analysis.
  • Transparency for investors and stakeholders: The CSRD is intended to ensure that investors, customers, suppliers and other stakeholders receive relevant information in order to make sustainable decisions.

Timeline of CSRD implementation in Germany

The implementation of CSRD in Germany is a process that has so far been characterized by delays and uncertainties. Although the EU has issued clear guidelines, Germany has not yet implemented them into national law. Here are the most important events in chronological order:

CSRD implementation in Germany: by July 2024

1. adoption of the CSRD at EU level (November 2022)

The EU has officially adopted the CSRD with the aim of comprehensively standardizing sustainability reporting for companies. The directive came into force on January 5, 2023, and the member states were obliged to transpose it into national law by July 6, 2024 at the latest.

2. German draft bill on CSRD implementation (March 2024)

A draft bill for the German CSRD Implementation Act was published back in March 2024, but was not officially published. This draft indicated that Germany wanted to adopt the requirements of the EU directive 1:1 without making any specific adjustments or simplifications for companies. This approach was strongly criticized by business associations, as it would have completely taken over the already complex reporting obligations of the ESRS.

3. delay in implementation in Germany (July 2024)

The German government missed the legal deadline for national implementation, which expired on July 6, 2024. This led to growing uncertainty among companies that will have to comply with the new requirements for the first time from the 2025 reporting year.

4. government draft on the German CSRD implementation (July 2024)

On July 24, 2024, the Federal Ministry of Justice (BMJ) published a government draft on CSRD implementation in Germany. This draft provided for the almost complete transposition of the European CSRD requirements into German law, including the ESRS. Only a few adjustments were made to reflect national circumstances.

CSRD implementation in Germany: from July 2024

5. EU publishes updated German translation of the CSRD (August 2024)

In August 2024, a corrigendum to the German version of the CSRD was published in the EU Official Journal. This correction clarified linguistic inaccuracies in the original translation of the directive. In particular, the terms and requirements for double materiality and the reporting obligations were defined more precisely. The aim of the correction was to avoid misunderstandings in practical application and to provide German companies with greater clarity.

6. EU announces omnibus initiative to simplify reporting obligations (November 2024)

In November 2024, the European Commission announced the introduction of a so-called “omnibus package” in the Budapest Declaration. This package aims to consolidate the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD) and the EU taxonomy in order to simplify reporting obligations for companies and reduce bureaucratic hurdles.

7. pushback by the German government towards the EU (December 2024)

The German government officially lobbied the EU Commission to simplify the requirements of the CSRD. Among other things, it called for

  • A reduction in ESRS data points
  • Measures to counter the “trickle-down” effect along the supply chain to relieve SMEs
  • A postponement of the reporting obligations by two years

What should German companies do now?

The non-implementation of EU directives usually has considerable legal and financial consequences for member states. For companies, this often means legal uncertainty and additional expense. Early action and orientation towards EU requirements are therefore advisable, particularly in the case of directives such as the CSRD, which have far-reaching effects on companies.

Despite the delayed national implementation of the CSRD, German companies should actively prepare for the new requirements. As the European Sustainability Reporting Standards (ESRS) have already been adopted, they provide a clear basis for reporting.

How you can prepare despite the lack of CSRD implementation in Germany

Companies should primarily focus on so-called ‘no-regret moves’. “No Regret Moves” are risk-free, forward-looking measures that help companies to overcome the uncertainties surrounding CSRD implementation in Germany. They not only create future compliance, but also promote efficiency, transparency and competitiveness – regardless of the final implementation of the directive. We recommend this:

  1. Clarify responsibilities: If you have not already done so, define which individuals and teams should assume responsibility and key roles in sustainability reporting
  2. Perform a double materiality analysis: The DWA offers companies long-term benefits, regardless of regulatory changes. It creates the basis for well-founded sustainable decisions and strategic action, regardless of how regulatory requirements develop. In addition, the materiality analysis is at the heart of the CSRD and it is therefore hard to imagine that the DWA will no longer be relevant in the Omnibus Initiative.
    To carry out the DWA as cost- and time-efficiently as possible, we recommend this  Materiality analysis Excel template or the use of the Materiality Master software.
  3. Writing a simplified CSRD (test) report: In addition to the comprehensive CSRD reporting requirements, EFRAG has also published a simplified and voluntary CSRD guideline: the ESRS VSME standard. This heavily watered-down version was finalized in a VSME update in December 2024 and is divided into two modules and requires companies to publish only a very manageable number of data points.

ESRS VSME Berichtsvorlage

Vorlage eines CSRD-konformen VSME Nachhaltigkeitsberichts im Word Format die sie selbständig befüllen können. Zudem erhalten Sie eine Schritt-für-Schritt Anleitung mit Tipps.

Mehr erfahren

It is advisable to continue following CSRD news in the coming months, listen to sustainability podcasts, follow webinars and possibly also attend CSRD training courses so as not to miss out on the development of CSRD implementation in Germany.

Subscribe now to our free CSRD Kompass newsletter and you will receive the most relevant developments every two weeks conveniently by e-mail.

Opportunities for companies even without CSRD implementation in Germany

Preparing for the CSRD, despite the lack of transposition into German law, offers significant opportunities for companies. Those who use the requirements strategically can gain a competitive advantage and benefit in the long term.

  1. Improving transparency and credibility
    • Structured sustainability reporting creates trust among stakeholders.
    • Companies that disclose their sustainability performance stand out positively from the competition and strengthen their reputation.
  2. Competitive advantages on the market
    • Attractiveness for investors: ESG-compliant companies are increasingly preferred, as sustainable investments are seen as future-proof.
    • Customer loyalty: Consumers are placing more and more value on sustainable products and services. Transparent reporting can be a decisive incentive to buy.
  3. Increased efficiency through systematic data analysis
    • The collection and analysis of sustainability data enables better identification of optimization potential in processes, supply chains and resource use.
    • This enables companies to reduce costs and improve their environmental footprint at the same time.
  4. Early adaptation to regulatory developments
    • Companies that implement the CSRD requirements now are one step ahead of future legal adjustments.
    • A proactive approach minimizes risks and avoids high costs due to rework or sanctions.
  5. Strengthening innovative strength
    • Dealing with sustainability issues promotes the development of innovative products, business models and technologies.
    • Sustainability is increasingly being perceived as a competitive driver and is opening up new areas of business, e.g. in the circular economy or renewable energies.
  6. Access to funding and partnerships
    • Many funding programs at national and EU level are aimed at companies that are actively committed to sustainability.
    • A credible sustainability strategy increases the chances of partnerships with like-minded players and opens doors to new markets.

Conclusion

Although the uncertainties caused by the delay in national implementation are a hurdle for German companies, early action is crucial. Those who align themselves with the ESRS now can not only prepare themselves better for the requirements, but also secure strategic advantages.

The keys to successful implementation lie in:

  • Early planning: The introduction of robust data management systems and the performance of a materiality analysis create a solid foundation.
  • Flexibility: Companies that develop their sustainability strategy can react quickly to regulatory changes.
  • Long-term perspective: Sustainability is not only a legal obligation, but also an opportunity to increase innovative strength, efficiency and competitiveness.

The CSRD is more than just a guideline – it is a tool for actively shaping sustainable business practices. Companies that accept the challenges can take on a pioneering role and strengthen their future viability. Now is the right time to start implementing it and to anchor sustainability as a strategic goal.