The RCP Toolkit
The Responsible Contracting Project Toolkit is a dynamic, open-access, product that offers templates for due diligence-aligned contracting, in sync with the UNGPs and the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. It contains practical, immediately usable, and versatile tools that companies can use to improve the human rights and environmental performance of their contracts and, by extension, their supply chains. It includes several sets of model contract clauses, template codes of conduct, as well as drafting and implementation guidance, each of which can be selected, edited, and adapted according to the user’s needs. The tools are modular, acknowledging that one size does not--and should not--fit all.
The various tools can be used independently or together, depending on the user's needs.
Model Clauses
The MCCs 2.0 translate the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Due Diligence Guidance for Responsible Business Conduct (OECD Guidance) into contractual obligations that can be included in supply contracts for the manufacturing and sale of goods. Because they are modular, businesses can choose which clauses to adopt or adapt in their supply chain contracts. The RCP team will edit and modify the MCCs 2.0 to suit the needs of different stakeholders.
To access the MCCs 2.0, click here.
The Supplier Model Contract Clauses 1.0, are designed to improve human rights in apparel and textiles supply chains. Drafted by RCP for the Sustainable Terms of Trade Initiative (STTI), the SMCs were developed to address unfair contract terms and purchasing practices that often drive negative human rights outcomes in supply chains. Like the other tools in the RCP Toolkit, the SMCs support a robust HRDD process that can more effectively prevent adverse impacts and remedy the impacts that do occur.
To access the SMCs 1.0, click here.
The European Model Clauses are designed to improve human rights in global supply chains in alignment with the German Supply Chains Due Diligence Act (LkSG), the proposed EU Corporate Sustainability Due Diligence Directive (CSDDD), and similar human rights and environmental due diligence (HREDD) legislation. The clauses are the product of the European Working Group, which is composed primarily of European legal experts, including certain members of the RCP Team. Like the other tools in the RCP Toolkit, the EMCs are aligned with the UNGPs and the OECD Guidance and support a shared-responsibility approach to improving human rights and environmental outcomes in global supply chains. Like the MCCs 2.0 and the SMCs, the EMCs are modular and can be selected and adapted to suit the needs of different users. A preliminary version of the European Model Clauses (EMCs) was released for consultation in October 2023. Feedback from this initial phase informed the development of the current zero draft, which is also in alignment with the CSDD. We expect the final EMCs to be published in Q4 2024-Q1 2025.
To access the zero draft of the EMCs click here.
Developed in partnership with members of the Ethical Tea Partnership (ETP), the Tea Sector Model Clauses (TMCs) are designed to help buyers, relevant intermediaries, and producers in the tea sector implement their commitment to responsible business conduct through responsible contracting.
To access the TMCs click here.
Find out more
The Toolkit
Explore the RCP Toolkit which currently includes the EMCs, the SMCs, the MCCs and the Buyer Code
Where you can learn about our past and upcoming events, publications, and podcasts
Codes of Conduct
Traditional codes of conduct only address suppliers and do not account for the role buyers play in upholding the standards, nor hold them accountable when their actions undermine the standards. The Buyer Code by contrast sets out steps for the buyer to take to support positive human rights outcomes. It promotes the shared-responsibility approach of the UNGPs and the OECD Guidance.
To access the Buyer Code, click here.
Implementation Guidance
Investor Guidance on Responsible Contracting
The Guidance contains an overview of key concepts needed to understand the critical role that due diligence-aligned contracts play in promoting better HREDD, better HRE outcomes, and better legal compliance. It also includes several practical tools, including questions that investors can use in their dialogues with companies, a template shareholder resolution, a template investor engagement letter, and sample responses to frequent pushback (“FPBs”) from companies.
To access the Investor Guidance, click here.
Policy
What the EU Corporate Sustainability Due Diligence Directive (CSDDD) Says About Contracts
This Policy Brief analyzes the content of the newly adopted EU Corporate Sustainability Due Diligence Directive (CSDDD) with respect to commercial contracts. On July 5, 2024, the CSDDD was published in the Official Journal of the European Union. It will enter into force on July 25, 2024 and Member States will have to transpose the Directive into national law by July 26, 2026. Now that the text is finalized, we can review its requirements with respect to commercial contracts—one of the key tools that companies are expected to employ in meeting their human rights and environmental due diligence (HREDD) obligations.
To access the RCP Policy Brief click here.