New guidelines for environmental advertising
In terms of content, the EmpCo Directive will bring about significant changes to corporate communications. General environmental claims such as “environmentally friendly”, “climate-friendly”, “green” or “sustainable” will only be permitted in future if they refer to outstanding, specifically verifiable environmental performance. This performance must be objectively proven and directly related to the product or service in question. Environmental claims based solely on compensation measures will no longer be permitted. This means that companies will primarily be able to use environmental claims if they appear on a sustainability label or are clearly and prominently specified on the same medium.
Additionally, eco-labels and sustainability seals will be subject to significantly stricter regulations. Only government-approved seals or those based on a certification system will be permitted in future. This means that they must be open to all companies under transparent, fair and non-discriminatory conditions, and monitored by independent bodies. Proprietary labels or unverified seals will no longer be permitted. Statements about future environmental goals will also only be permitted if they are based on clearly defined, verifiable, time-bound implementation plans.
The implementation of the EmpCo Directive essentially expands the so-called “black list” in the UWG. Prohibited business practices are always considered unfair, without the need for a case-by-case assessment. Violations can result in warnings, injunctions and significant reputational risks.
Additionally, the implementation law introduces new pre-contractual information requirements. In future, companies will have to inform consumers about environmentally friendly delivery options, product reparability and software update duration, among other things. Furthermore, uniform information on statutory warranty rights will be introduced throughout Europe.
Action required for companies
The EmpCo requirements apply to all companies with B2C business models, regardless of industry or size. As these requirements will become binding in September 2026, companies should use the remaining time to prepare accordingly.
Specifically, it is advisable to systematically review all existing communications relating to sustainability and the environment. This includes reviewing advertising claims, product descriptions, packaging, and online presence for general or blanket environmental statements. At the same time, companies should ensure that they have appropriate, documented evidence for any green claims they make. Any environmental labels and sustainability seals used should also be legally assessed. Finally, internal processes and consumer information must be checked for compliance with the new transparency and information requirements, particularly with regard to reparability, software updates and delivery options.
Raising awareness among the relevant departments early on, for instance through internal training and guidelines, can help avoid future liability and legal risks.
Timely adaptation enables companies to meet regulatory requirements and position themselves as credible, transparent market participants, strengthening consumer confidence in the long term.