CSR in Public Procurement Law 2026

CSR (Corporate Social Responsibility) in public procurement: social and environmental corporate responsibility as a procurement criterion. Legal basis.

Definition: CSR (Corporate Social Responsibility) denotes the voluntary assumption of social and environmental responsibility by companies beyond statutory minimum requirements and can be taken into account in public procurement procedures as an award criterion, performance requirement or suitability condition.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Recitals 37–40, Article 18(2), Article 67; EU Corporate Sustainability Due Diligence Directive (CSDDD) 2024/1760/EU

CSR and public procurement

CSR has evolved from a voluntary corporate guiding principle into an increasingly regulatorily relevant factor in public procurement procedures. The 2014 procurement directives considerably expanded the possibilities for integrating social and environmental requirements into procurement procedures. At the same time, new EU legal acts such as the CSRD (Corporate Sustainability Reporting Directive 2022/2464/EU) and the CSDDD (Corporate Sustainability Due Diligence Directive 2024/1760/EU) create a regulatory framework that makes CSR reporting and due diligence obligations mandatory.

For public procurement, this means: CSR requirements on bidders are moving from a "nice-to-have" option to a common instrument of strategic procurement.

CSR requirements in the procurement procedure

Contracting authorities can integrate CSR aspects at various points in the procurement procedure.

Suitability criteria

Social and environmental certifications can be required as evidence of suitability (e.g. SA8000, ISO 14001, EMAS), provided they are linked to the subject matter of the contract. By contrast, mere corporate philosophy without a connection to the contract may not be used as a suitability criterion.

Award criteria

Pursuant to Article 67 of Directive 2014/24/EU, quality aspects such as social plans, supply-chain transparency or measures for staff development can be included as evaluation-relevant criteria.

Conditions for performance

Article 70 makes it possible to prescribe CSR-related conditions for performance (e.g. minimum wage payments along the supply chain, collective wage compliance, compliance with the ILO core standards).

Technical specifications

Requirements concerning fair-trade raw materials, socially certified production facilities or environmentally certified materials can be included in the specifications.

Social aspects and ILO core labour standards

Article 18(2) of Directive 2014/24/EU obliges Member States to ensure that economic operators comply with the applicable labour, social and environmental obligations in the performance of the contract. This includes the core labour standards of the International Labour Organization (ILO), i.e. prohibitions on child labour and forced labour, freedom of association, and prohibitions on discrimination.

Limits of CSR integration

CSR criteria must always be linked to the subject matter of the contract and be transparent and non-discriminatory. A general corporate philosophy or abstract sustainability declarations without a connection to the specific service may not be evaluated. The CJEU developed fundamental requirements for the admissibility of environmental and social criteria in Concordia Bus (Case C-513/99).

FAQ

May a contracting authority exclude a bidder for not having a CSR strategy? In principle, no, unless specific contract-related requirements have been infringed. The absence of a general CSR strategy is not an admissible ground for exclusion.

What evidence can be required for CSR requirements? Recognised standards include ISO 14001 (environmental management), EMAS, SA8000 (social responsibility), ISO 26000 (guidance on social responsibility), Fairtrade certifications, and sustainability reports based on the GRI standard. Equivalent evidence must always be accepted.

Does the CSDDD change CSR requirements in procurement procedures? Indirectly, yes. Companies falling under the CSDDD must provide evidence of due diligence in the supply chain. Contracting authorities can require compliance with these statutory obligations as a minimum requirement and, in addition, evaluate voluntary CSR performance as an award criterion.

Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.