Tackling the environmental cost of digital technology: Some reflections on a soft law instrument on sustainability in contracts

This article explores the convergence of digital innovation and its negative consequences (such as e-waste) with modern sustainability goals by looking at contracts. Specifically, it discusses the use of sustainability contract clauses (SCCs) in business contracts as an expression of corporate social responsibility and of self-regulation. It suggests that there is potential in promoting the use of sustainable obligations in the electronics supply chain (the generator of the fastest growing waste source). As little guidance exists on sustainable obligations, this article discusses the possibility of establishing a new soft law instrument that could tackle some of the described legal challenges in the current use of SCCs. In doing so, it reflects on the possible issues of the proposed instrument.