How Improper Disposal Jeopardizes B2B Contracts and Supplier Due Diligence

Introduction

Inadequate waste disposal has direct impacts on legal compliance and the integrity of contracts between B2B clients and suppliers. Incorrect procedures for disposing of materials can compromise due diligence processes, exposing the parties to regulatory, environmental, and reputational risks.

Applicable legal and regulatory aspects

In Brazil, the National Solid Waste Policy (Law No. 12,305/2010) regulates waste management and disposal, imposing obligations on all actors involved in the cycle. Non-compliance with these regulations can result in administrative penalties and civil and criminal liability, directly impacting commercial contracts.

Article 33 of Law No. 12,305/2010 defines shared responsibility for the waste lifecycle, emphasizing the need for proper disposal practices.

Risks in the supply chain

For supplier evaluation, the due diligence process includes analysis of environmental compliance and sustainable disposal practices. Inadequate disposal can result in:

• Fines and sanctions arising from environmental violations;
• Reputational risks, leading to loss of trust between partners;
• Suspension or termination of contracts due to breach of environmental clauses;
• Negative impacts on ESG (Environmental, Social and Governance) assessments.

The importance of responsible electronic waste management

Electronic waste requires special attention due to the presence of toxic components and sensitive data. Improper handling can cause environmental contamination and leakage of confidential information. Adopting safe practices, such as specialized electronic waste collection, is essential to mitigate these risks.

Secure sanitization of storage devices

Devices like hard drives and removable media require specific processes to ensure complete data elimination. Certified techniques for secure sanitization of hard drives and media ensure that sensitive information cannot be recovered, strengthening compliance and information security.

Contractual impacts of inadequate disposal

Contractual clauses in B2B agreements often establish environmental and disposal standards as criteria for maintaining the partnership. Breaching these obligations may lead to:

• Unilateral contract termination;
• Contractually stipulated financial penalties;
• Obligation to repair environmental damages;
• Compromise of operational continuity and corporate image.

Conclusion

Inadequate disposal compromises the integrity of B2B relationships, putting due diligence processes, regulatory compliance, and sustainability at risk. It is essential to rigorously adopt responsible practices aligned with current legislation, in addition to using specialized services for disposal and sanitization, ensuring environmental and data security.

Sources: Law No. 12,305/2010 - National Solid Waste Policy, Chamber of Deputies, ECO Braz.