abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeblueskyburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfilterflaggenderglobeglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptriangletwitteruniversalitywebwhatsappxIcons / Social / YouTube
Article

30 Jun 2026

Author:
Tammy Vallejo and Swantje Pabst, Shift

Contracting in supply chains needs to move from policing to partnership if it is to meet due diligence expectations, explains Shift

'Responsible Contracting: From Policing to Partnership'

Contracts are a key tool to support effective human rights due diligence in increasingly complex global supply chains. Based on its work with leading global companies, including a deep dive practice group focused on supply chain due diligence that the Responsible Contracting Project joined, Shift has gained important insights into the limitations of traditional, compliance-driven contracting approaches and identified practical steps toward a more collaborative, shared-responsibility approach between buyers and suppliers to uphold human rights standards together...

  1. Why is responsible contracting needed?
  • Cascading vs. burden sharing: Contractual clauses, along with supplier codes of conduct, are among the most widely used instruments companies rely on to implement aspects of human rights due diligence. But they are not a silver bullet and need to be complemented by other tools... Suppliers also point to tensions between contractual expectations and buyers’ own commercial practices, such as price pressures, late payments, changing specifications, and tight delivery deadlines, which hinder suppliers’ ability to uphold the contractual standards for human rights and environmental protection.
  • Contracts can have two very different effects: either to reinforce negative impacts or to drive positive change for people. Traditional contracting practices often contain zero tolerance and strict penalties for (even minor) non-compliance, including immediate termination. This perfect compliance approach can drive issues underground and incentivize unrealistic assurances that adverse impacts either don’t exist or have been eliminated. Such an approach is not in line with new regulatory expectations or the UNGPs, which encourage companies to work with suppliers to surface risks to people and support improvement, rather than cut and run. Alternatively, contracts can be crafted to promote shared responsibility, including through responsible purchasing practices, mutual trust, transparency, and constructive engagement to mitigate and remedy adverse impacts on people.
  • Evolving regulatory expectations: Under CSDDD, companies must take ‘appropriate measures’, i.e., measures that effectively address sustainability impacts and drive changes in behavior and practice. The Directive is clear on what this means for contracts: due diligence obligations cannot simply be transferred to suppliers; each party’s responsibilities must be spelled out clearly; buyers are expected to examine whether their own commercial practices — including on pricing and delivery timelines — undermine the very standards they are asking suppliers to meet...

[...]

As expectations around human rights due diligence continue to evolve, contracts can no longer function simply as liability shields. Increasingly, they are becoming a test of whether companies are prepared to align their commercial practices with their human rights commitments.

The shift from traditional to responsible contracting is therefore not just a legal or procurement exercise. It is a broader shift in how companies understand business relationships, leverage, and accountability in global supply chains. Companies that approach contracting as a collaborative tool for identifying and addressing risks, rather than simply transferring them downstream, are likely to be better positioned to build resilient supplier relationships and deliver more effective human rights outcomes over time.

Timeline