Updated 5 October 2026 · EmpCo rules apply from 27 September 2026EmpCo · Directive (EU) 2024/825
Consumer protection against misleading green claims, problematic sustainability labels and certain climate-related claims.
Updated 5 October 2026 · EmpCo rules apply from 27 September 2026
EmpCo Directive 2026: What businesses need to know
The EU's Empowering Consumers for the Green Transition Directive (EU) 2024/825 strengthens rules on environmental advertising, sustainability labels and climate-related claims. Since 27 September 2026, businesses need to assess their consumer-facing sustainability communications against the applicable national implementing rules.
IndependenceEvidence-based guidanceTransparency
EmpCo DirectiveApplies from 27 September 2026
PPWRGenerally applies from 12 August 2026
Green Claims proposalLegislative process not completed
GuidanceUnderstanding regulatory change
ExpertisePractical guidance and checklists
DialogueBusiness, science and policymakers
TrustVerifiable sustainability communication
EU regulatory overview
EmpCo and related European sustainability rules
Different EU instruments have different legal statuses, scopes and application dates. Businesses should not confuse the adopted EmpCo Directive with the separate Green Claims proposal.
Green Claims Directive
A separate proposal addressing the substantiation and communication of explicit environmental claims. Its legislative outcome is not final.
PPWR · Regulation (EU) 2025/40
Packaging design, recyclability, recycled content, reuse, minimisation, labelling and documentation.
ESPR
Ecodesign framework for product durability, repairability, resource efficiency and digital product information.
Digital Product Passport
Structured digital product data, where required under the relevant product-specific rules.
CSRD and ESRS
Sustainability reporting obligations and standards for companies within their applicable scope.
EmpCo explained
Key obligations and practical implications
A structured overview for marketing, legal, sustainability and compliance teams.
Consumer protection and greenwashingEmpCo · Directive (EU) 2024/825
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EmpCo · Directive (EU) 2024/825
The Directive amends EU consumer law to tackle misleading environmental and sustainability claims. It addresses, among other issues, generic environmental claims, sustainability labels, claims about future environmental performance and certain product climate-neutrality claims based on offsetting.
28 February 2024Directive adopted
26 March 2024Entry into force
27 March 2026Transposition deadline
27 September 2026Application of measures
Who may be affected?
- Manufacturers and brands
- Retailers, importers and online shops
- Food, cosmetics, textile and electronics businesses
- Service providers marketing to consumers
Claims needing close review
- “Green”, “eco-friendly” or “sustainable”
- “Climate neutral” and “CO₂ neutral”
- Recyclability and biodegradability claims
- Self-created sustainability seals
- Promises of future environmental performance
Internal controls
- Check first whether the claim is legally permissible in its intended form
- Keep appropriate and current supporting evidence
- Define the exact scope of each claim
- Use documented review and approval procedures
Potential consequences
- Enforcement and injunctions
- Consumer or competitor challenges
- Corrective marketing measures
- Reputational harm
BuVNK guidance: Review first whether a claim is permitted in its intended form, then verify scope and evidence. Audit existing claims, sustainability labels and climate wording, document approvals and train marketing, sustainability, legal and compliance teams. The precise legal consequences depend on national law.
A separate EU proposalGreen Claims Directive
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Green Claims Directive
The proposed Green Claims Directive would introduce additional rules for substantiating and communicating explicit environmental claims, potentially including verification requirements. It is separate from the adopted EmpCo Directive. As of 8 October 2026, the European Commission still lists the proposal as pending, so its proposed requirements must not be presented as binding law.
Proposed themes
- Scientific substantiation
- Transparent communication
- Documented evidence
- Verification and oversight
Useful evidence to prepare
- Lifecycle and material assessments
- Emissions calculations
- Supplier documentation
- Testing and audit reports
Legal status · 8 October 2026: The Green Claims Directive remains a pending legislative proposal. Its content may still change and must not be presented as currently binding obligations.
European packaging rulesPackaging and Packaging Waste Regulation (PPWR)
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Packaging and Packaging Waste Regulation (PPWR)
Regulation (EU) 2025/40 introduces a broad framework for packaging sustainability, covering packaging minimisation, recyclability, recycled content, reuse and information requirements. Obligations have different start dates and exemptions.
Review packaging
- Materials and combinations
- Recyclability and recycled content
- Labelling and product claims
- Supplier declarations
Build evidence
- Packaging specifications
- Technical documentation
- Traceability information
- Compliance review
Many PPWR provisions generally apply from 12 August 2026, but specific obligations follow their own timelines. See the German PPWR overview for more information.
Product data and traceabilityDigital Product Passport (DPP)
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Digital Product Passport (DPP)
The Digital Product Passport is intended to make relevant product information accessible in structured digital form under applicable product-specific requirements. Depending on the product category, this may include materials, repairability, environmental performance or traceability data.
Potential information
- Product and manufacturer identifiers
- Materials and components
- Repair and recycling information
- Supporting compliance documentation
Preparation
- Organise product data
- Document supplier information
- Establish digital evidence systems
- Track product-specific rules
Practical examples
Green claims: from vague statements to specific evidence
Examples are illustrative, not a legal clearance. The overall impression of the advertising and the evidence available remain decisive.
Generic claim — high risk
“Our product is sustainable.”
“Sustainable” is a broad term that may cover environmental, social or other sustainability aspects. Where a generic environmental claim conveys excellent environmental performance, recognised excellent environmental performance relevant to that claim must be demonstrated. Evidence for only one limited aspect does not automatically substantiate an overall product claim.
Illustrative direction
“This packaging contains 85% recycled plastic.”
This is an example only, not automatic legal clearance. A specific percentage should be used only where it is factually correct, current and supported by appropriate evidence for the relevant packaging component.
Prohibited where based on offsetting
“100% climate neutral.”
Where a product claim of a neutral, reduced or positive greenhouse-gas impact is based on greenhouse-gas offsetting, EmpCo prohibits that claim. Calculation, certification or transparent disclosure of the offset does not make such an offset-based product claim permissible.
Illustrative alternative
Communicate product emissions and climate investments separately.
Product-related emissions data may be communicated where the figures, method and system boundaries are accurate and supportable. Information about separately financed climate or carbon-credit projects should be clearly separated and must not create the impression that the product itself is climate neutral or has lower emissions because of offsetting.
Is the claim legally permissible in this form?
Is it accurate and appropriately substantiated?
Is its scope clear?
Could consumers be misled?
Are data up to date?
Are qualifications visible?
Is approval documented?
Can an independent reviewer verify it?
Official legal sources: Directive (EU) 2024/825 · German UWG Annex · European Commission: Green Claims
Frequently asked questions
EmpCo 2026: Questions from businesses
The answers provide general information, not individual legal advice.
What is the EmpCo Directive?
Directive (EU) 2024/825 strengthens consumer protection against misleading environmental and sustainability claims, including certain sustainability labels and climate-related advertising.
When do the new EmpCo rules apply?
Member States must apply their implementing measures from 27 September 2026. Businesses should check the national rules applicable to their marketing.
Does EmpCo apply only to large companies?
No. The rules concern consumer-facing commercial practices rather than a simple company-size threshold. Relevance depends on the claim, the marketing context and the applicable national implementation.
Is the proposed Green Claims Directive already law?
No. As of 8 October 2026, the European Commission lists the separate Green Claims Directive proposal as pending. It is not an enacted directive and its proposed requirements may still change.
Are all environmental claims prohibited?
No. But certain practices are specifically prohibited. Generic environmental claims require recognised excellent environmental performance relevant to the claim; sustainability labels are subject to specific rules; and product claims of neutral, reduced or positive greenhouse-gas impact based on offsetting are prohibited.
How should businesses prepare?
First assess whether each claim is permissible in its intended form. Then verify its exact scope and evidence, review sustainability labels and climate claims, document approvals and keep supporting information current.
Contact
Let's build trustworthy sustainability communication.
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Emailinfo@buvnk.de
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EmpCo in Germany: implementation through the UWG
Germany implements EmpCo through amendments to its Act Against Unfair Competition (UWG). Companies advertising to consumers in Germany should assess generic environmental claims, climate-related statements, sustainability labels and claims about future environmental performance against the applicable national rules.
What should companies check now?
Review product pages, packaging, social media, advertisements and other consumer-facing materials. Document supporting evidence, assign responsibility for approvals and monitor changes to the applicable legal framework.
For a structured initial review, see the BuVNK EmpCo checklist (German) and the Green Claims overview (German).
Official legal source
Directive (EU) 2024/825 — EUR-Lex (English)
This page provides general information and is not a substitute for legal advice on a specific claim, product or national market.