EmpCo Directive 2026: Rules for Online Retailers

EmpCo Directive 2026: What Online Retailers Need to Know

Tibor Barsony | | e-commerce guides, circular economy, Uncategorized

EmpCo Directive: New Rules for Online Retailers Starting September 27, 2026

The EmpCo Directive (EU) 2024/825 introduces stricter rules for environmental advertising and consumer information across the European Union. Starting September 27, 2026, the corresponding national implementing rules must be applied. For online retailers, the changes affect generic environmental claims, sustainability labels, climate claims, and certain information about durability, guarantees, software updates, and repairability.

Terms such as “environmentally friendly,” “green,” “ecological,” and “climate-friendly” have been widely used in online retail marketing for years. This is exactly where the EmpCo Directive comes into play.

EmpCo stands for “Empowering Consumers for the Green Transition”. The Directive aims to better protect consumers from misleading sustainability communications and provide more reliable information to support purchasing decisions.

The EmpCo Directive does not prohibit sustainability communications in general. However, it sets more specific limits on how companies may communicate environmental benefits, climate impacts, sustainability labels, and certain product characteristics.

For online retailers, this means environmental claims should be reviewed just as carefully as product images, packaging, marketplace listings, newsletters, and other advertising materials.

The EmpCo Directive is particularly relevant for retailers of electronic products because the new rules extend beyond green claims. Software updates, durability, repairability, spare parts, and producer guarantees also play an important role.

Table of Contents:

EmpCo 2026 at a Glance

Legal act: Directive (EU) 2024/825
Name: Empowering Consumers for the Green Transition – EmpCo
Germany: Transposed into German law
Application: Starting September 27, 2026
Generic environmental claims: Significantly stricter requirements
Sustainability labels: Permitted only under certain conditions
CO₂ offsetting: Certain product-related claims prohibited
Consumer information: New requirements concerning the legal guarantee of conformity and commercial guarantees of durability, among other areas
Green Claims Directive: Not adopted as a directive as of September 2026

What Is the EmpCo Directive?

The EmpCo Directive is Directive (EU) 2024/825 of February 28, 2024. It was published in the Official Journal of the European Union on March 6, 2024 and entered into force 20 days later.

It amends two key areas of European consumer law:

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices
Directive 2011/83/EU on consumer rights

Member States had until March 27, 2026 to adopt and publish their national implementing measures.

The new EmpCo rules must be applied starting September 27, 2026.

For online stores operating across Europe, one distinction is particularly important: EmpCo is a directive, not an EU regulation that applies directly and uniformly in every Member State. The national implementing legislation of each target market therefore remains relevant.

For example, a retailer selling to consumers in Germany, France, Spain, and Italy should consider both the European EmpCo framework and the respective national implementation in each market.

When Does the EmpCo Directive Apply in Germany?

For online retailers in Germany, September 27, 2026 is the key date for the EmpCo Directive.

Germany implemented the EmpCo requirements in part through amendments to the German Act Against Unfair Competition, or UWG. The Third Act Amending the UWG was published on February 19, 2026.

German consumer contract law was also amended. New information requirements concerning the legal guarantee of conformity, certain commercial guarantees of durability, software updates, and repair information also apply starting September 27, 2026.

The EU has also established a harmonized notice for the legal guarantee of conformity. Commission Implementing Regulation (EU) 2025/1960 sets out the harmonized notice and the label for certain commercial guarantees of durability.

The German legislation implementing the EmpCo Directive does not provide for a specific national sell-through or phase-out period for packaging that has already been produced.

Which Companies Does EmpCo Affect?

The EmpCo Directive focuses on business practices toward consumers. It is therefore particularly relevant for B2C companies that market products or services to consumers within the EU.

These include, for example:

  • Online stores
  • Brands and manufacturers
  • Marketplace sellers
  • Providers of digital products and services
  • Companies using sustainability or environmental advertising

The new EmpCo rules are particularly relevant for companies advertising with claims such as:

  • “environmentally friendly”
  • “green”
  • “ecological”
  • “climate-friendly”
  • “energy-efficient”
  • “biodegradable”
  • “made from recycled material”
  • “climate neutral”
  • “sustainably produced”

However, the same requirements do not automatically apply to all of these environmental claims. The exact wording, the scope of the claim, and the evidence supporting it are among the factors that matter.

What Changes Under the 2026 EmpCo Directive?

The EmpCo Directive expands and clarifies the rules against misleading commercial practices. Six areas are particularly relevant for online retailers:

  • Generic environmental claims
  • Environmental claims with an overly broad scope
  • Certain climate claims based on CO₂ offsetting
  • Sustainability labels
  • Claims about future environmental performance
  • Certain information on durability, repairability, and software updates

Generic Environmental Claims: “Environmentally Friendly” Is No Longer Enough on Its Own

EmpCo introduces a clear category for what are known as generic environmental claims. These are claims where the specific environmental benefit is not explained in clear and prominent terms on the same medium.

Typical examples include:

  • “environmentally friendly”
  • “green”
  • “ecological”
  • “climate-friendly”
  • “energy-efficient”
  • “biodegradable”

Starting September 27, 2026, a generic environmental claim of this kind is prohibited if the company cannot demonstrate recognized excellent environmental performance that is relevant to the claim.

What Does “Recognized Excellent Environmental Performance” Mean?

The threshold is higher than simply having some form of internal sustainability documentation.

The EmpCo Directive refers, among other things, to:

  • Relevant performance under the criteria of the EU Ecolabel
  • Officially recognized EN ISO 14024 Type I ecolabeling schemes
  • Top environmental performance under other applicable EU law

One example is the highest applicable energy efficiency class.

The key point is that the demonstrated environmental performance must actually correspond to the claim being made. For an online store, for example, a generic claim such as “environmentally friendly laptop” cannot be justified solely because the shipping packaging is made from recycled cardboard.

Specific Environmental Claims Remain Possible

An important distinction is often overlooked in discussions about the EmpCo Directive: a specifically substantiated environmental claim is not the same as a generic environmental claim.

If an environmental benefit is described clearly, specifically, and prominently on the same medium, the claim does not fall under the specific prohibition on generic environmental claims. The general rules against misleading advertising continue to apply.

Instead of: “Sustainable smartphone accessories” a more specific statement could be: “The housing is made from 70% recycled aluminum.”

The information must be factually accurate, its scope must be clear, and the wording must not suggest a broader environmental benefit than the available evidence supports.

“Made from Recycled Material”: The Exact Scope Matters

Claims about recycled materials also require careful review under the EmpCo framework.

A claim about an entire product can be problematic if only its packaging is actually made from recycled material. In that case, the communication may create a false impression about the scope of the environmental benefit.

Too broad:

“Our product is made from recycled material.”

If only the packaging contains recycled fibers, this statement creates a misleading impression.

More precise:

“The retail packaging is made from 80% recycled cardboard.”

For online retailers, it is therefore not enough to ask: “Can we substantiate this claim?”

An equally important question is: “Does our evidence support exactly the scope communicated by our wording?”

No Environmental Claims About the Entire Product if Only One Aspect Is Affected

One of the new EmpCo rules addresses precisely this issue.

An environmental claim about an entire product or a company’s entire business is prohibited if it actually concerns only a specific aspect of the product or a specific activity of the company.

This may include, for example:

  • Product claims when only the packaging has been improved
  • Company-wide claims when only one location uses renewable energy
  • Broad recycling claims when only individual components contain recycled material

Marketing, product management, and compliance teams should therefore always verify exactly what the environmental claim refers to.

Climate Neutral Through CO₂ Offsetting: What EmpCo Rules Apply?

The EmpCo Directive draws a clear line for certain climate claims.

Product-related claims such as “climate neutral,” “CO₂ neutral,” “climate compensated,” or similar wording are prohibited if the claimed neutral, reduced, or positive greenhouse gas impact is based on offsetting emissions outside the product’s value chain.

A typical example would be a product whose emissions remain unchanged and are then offset through the purchase of carbon credits.

EmpCo does not generally prevent companies from communicating about investments in climate protection projects or carbon credit projects. However, such communication must not create a misleading impression about the actual environmental impact of the advertised product.

Product pages should therefore clearly distinguish between:

  • Actual emissions reductions relating to the product and within its value chain
  • Additional funding for external climate protection projects

Sustainability Labels: In-House Logos Require Careful Review

Sustainability labels are another important focus of the EmpCo Directive.

Under EmpCo, a voluntary sustainability label may only be displayed if it:

  • Is based on an appropriate certification scheme
  • Has been established by a public authority

The Directive sets requirements concerning transparency, accessibility of criteria, procedures for non-compliance, and independent third-party verification. A self-designed green leaf with a name such as “Eco Choice” that is based exclusively on a company’s internal criteria may therefore be problematic.

Online retailers should inventory all sustainability marks and labels they use. The review should not stop at the product detail page. It should also cover:

  • Product pages
  • Product images
  • Packaging
  • Marketplace listings
  • Newsletters
  • Social media content
  • Advertising banners
  • Catalogs
  • PDF data sheets

Future Environmental Targets Need a Robust Plan

Many companies communicate environmental goals such as:

“By 2030, all of our production will be climate-friendly.”

Claims about future environmental performance remain possible in principle. However, the EmpCo Directive introduces specific requirements. The German implementation requires clear, objective, publicly available, and verifiable commitments set out in a detailed and realistic implementation plan.

This plan may include:

  • Measurable targets
  • Time-bound targets
  • Relevant measures
  • Resources required, where applicable
  • Regular reviews

Regular verification by independent external experts is also required. The findings must be made available to consumers. A broad corporate environmental target without a measurable implementation pathway therefore provides a significantly weaker basis for future-oriented advertising claims.

Particularly Important for Electronics Retailers: EmpCo Goes Beyond Green Claims

For retailers of smartphones, computers, home appliances, smart home products, and other electronic goods, the EmpCo Directive is relevant for several reasons. In addition to environmental advertising and green claims, EmpCo addresses commercial practices related to software, product lifespan, and repairs.

The German blacklist covers situations including those where:

  • Information about the negative impact of a software update on a device’s functionality is withheld
  • An update is presented as necessary even though it only provides new features
  • A retailer knows about a product feature that deliberately limits durability but does not communicate this accordingly
  • A specific level of durability is falsely claimed
  • A product is presented as repairable even though it is not
  • Consumers are prompted to replace consumables earlier than technically necessary
  • Misleading information is provided about the effects of spare parts, accessories, or consumables made by other manufacturers

For electronics retailers, preparation for the EmpCo Directive should therefore not be limited to the sustainability or marketing team. Other relevant functions include:

  • Product Content
  • Category Management
  • Procurement
  • Legal
  • Shop Development
  • After Sales
  • Product Data Management
EmpCo Directive Electronics Retailers

New Mandatory Information for Online Stores Starting September 27, 2026

The EmpCo Directive changes not only the rules for environmental advertising but also the Consumer Rights Directive. Germany implemented this part in part through amendments to the Introductory Act to the German Civil Code, or EGBGB.

For distance contracts, the new consumer information requirements apply starting September 27, 2026.

Harmonized Notice on the Legal Guarantee of Conformity

For goods, consumers must in the future be informed prominently about the legal guarantee of conformity and its key elements.

The EU has developed a standardized format for this purpose. The specific design is set out in Commission Implementing Regulation (EU) 2025/1960. For online contracts, the Regulation requires the notice to be displayed in color.

New Label for Certain Commercial Guarantees of Durability

There is also a harmonized label for a specific type of commercial guarantee of durability.

It becomes relevant when the producer:

  • Offers a commercial guarantee of durability
  • Provides it at no additional cost
  • Covers the entire good
  • Offers it for a period of more than two years
  • Makes the relevant information available to the retailer

The retailer must then inform consumers about the guarantee and its duration using the harmonized label. This is particularly relevant for retailers of electronic goods because product data relating to producer guarantees often comes from different supplier feeds.

Software Updates, Spare Parts, and Repair Information

Additional information requirements apply to goods with digital elements, digital content, and digital services.

If manufacturers or providers supply the relevant information to the retailer, one relevant factor is the minimum period during which software updates will be provided. Information about repairability is also becoming more important. Where a harmonized EU repairability score is provided for, it becomes part of the consumer information.

In other cases, relevant information may include:

  • Availability of spare parts
  • Estimated cost of spare parts
  • Ordering procedures
  • Repair information
  • Maintenance instructions
  • Possible repair restrictions

In many cases, practical implementation depends on the data manufacturers provide.

This makes the product data chain a central compliance issue:

Manufacturer → Supplier → PIM (Product Information Management) → Shop → Marketplace

If structured product data is missing at any point in this chain, providing consistent consumer information also becomes more difficult.

EmpCo, EPR, and PPWR: Three Different Topics

For online retailers, it is important to clearly distinguish between EmpCo, EPR, and the PPWR.

EmpCo Is Not an EPR Regulation

EPR stands for Extended Producer Responsibility.

It covers areas such as:

  • Registrations
  • Quantity reporting
  • Financing collection and recycling
  • Packaging
  • Electrical and electronic equipment
  • Batteries
  • Other regulated product categories and waste streams

The EmpCo Directive, by contrast, primarily falls within consumer protection and unfair competition law.

Among other things, the Directive regulates how companies may communicate environmental benefits and what information consumers should receive before making a purchase. In practice, however, the underlying compliance and product data often overlap.

An online retailer may simultaneously be dealing with:

  • Packaging registration and financing obligations under EPR requirements
  • PPWR requirements for packaging
  • Battery compliance
  • WEEE compliance
  • Recycling labels
  • Advertising involving recycled content or environmental benefits under EmpCo

This is precisely why regulatory data should not be managed in isolation by individual teams.

In this video, we explain the changes coming in 2026 regarding EPR:

The PPWR Is Not a Substitute for EmpCo Either

The EU Packaging and Packaging Waste Regulation, or PPWR, and the EmpCo Directive pursue different objectives. Among other things, the PPWR sets requirements for packaging, circularity, recyclability, labeling, and producer responsibility.

EmpCo addresses a different question:

How may a company communicate the environmental benefits of packaging or a product?

For example:

A package meets certain PPWR recycling requirements. That does not automatically mean that the retailer may advertise the entire product as “environmentally friendly.”

EmpCo also prohibits presenting legal requirements that apply to all products within the relevant product category as a distinctive benefit of the retailer’s own offering.

On our YouTube channel, you’ll find even more detailed information about PPWR:

Putting Common Statements About the EmpCo Directive Into Context

A number of simplified statements about the EmpCo Directive are circulating. A closer look is helpful when preparing for practical implementation.

EmpCo Directive Common Statements in Context

“Ecological and Environmentally Friendly Claims Need Evidence”

Essentially correct.

However, the standard for generic environmental claims is particularly high.

EmpCo requires recognized excellent environmental performance that is relevant to the claim. An arbitrary internal document or a self-conducted assessment is not automatically sufficient.

“Made from Recycled Material Requires Evidence”

Here too, a differentiated assessment is necessary. Evidence is important. The scope of the statement is equally important. If only the packaging contains recycled material, the communication should not create the impression that the entire product is made from recycled material.

A specific statement such as “The packaging is made from 80% recycled cardboard” is therefore clearer than a broad recycling claim about the entire product.

“Every Environmental Claim Requires Full Life Cycle Data”

Life cycle data can be highly valuable for robust environmental communications. However, the EmpCo Directive does not automatically require a complete life cycle assessment for every individual environmental claim.

The evidence that is required or appropriate depends on the specific environmental claim and its scope.

“A Sustainability Strategy Must Be Based on the 17 SDGs”

The Sustainable Development Goals can provide a useful foundation for a company’s sustainability strategy. However, they are not a specific requirement of the EmpCo Directive.

For specific EmpCo claims, the requirements of the Directive and the general rules against misleading advertising are what matter.

Is There a Transition Period for Packaging That Has Already Been Produced?

This question is particularly relevant for manufacturers and online retailers preparing for the EmpCo Directive. The German legislation implementing EmpCo sets September 27, 2026 as the date on which the relevant amendments to the UWG enter into effect.

The law does not contain a specific national phase-out period for previously printed product packaging.

This issue was explicitly addressed during the legislative process. Particularly for durable products and existing packaging inventories, the transition may create additional challenges. However, calls for additional sell-through provisions do not change the statutory application date based on the legal status reflected here.

For retailers with large packaging inventories, this means:

Existing packaging, labels, product images, and advertising materials should now be included in the EmpCo inventory review.

EmpCo Checklist: What Online Retailers Should Review Now

A practical EmpCo compliance review can be structured into eight steps.

Review all relevant communication channels:

  • Product pages
  • Packaging
  • Marketplace listings
  • Newsletters
  • Ads
  • Social media
  • Catalogs
  • Data sheets

The first goal is to create a complete overview of all environmental claims. Claims should only be evaluated and adjusted, where necessary, once that overview is complete.

Terms such as “green,” “ecological,” “environmentally friendly,” and “climate-friendly” should be flagged separately and reviewed against the new EmpCo requirements.

Review what each environmental statement actually refers to:

  • The entire product
  • Only the packaging
  • A specific material
  • Production
  • Logistics
  • A particular part of the company

The wording of the claim should match its actual scope precisely.

Depending on the environmental claim, relevant documentation may include:

  • Certificates
  • Material data
  • Supplier declarations
  • Test reports
  • Measurement methods
  • Internal approvals

Centralized documentation makes subsequent compliance reviews and updates easier.

For every voluntary sustainability label, it should be clear:

  • Who issues it?
  • What criteria is it based on?
  • Is there a certification scheme?
  • Is there independent verification?
  • Where are the criteria documented?

Statements such as “climate neutral,” “CO₂ neutral,” and “climate compensated” should be assessed separately.

Particular attention should be paid to product-related claims where the claimed climate impact is based on offsetting outside the value chain.

For electronics retailers, additional data fields in the PIM or ERP system may be necessary or useful, for example for:

  • Producer guarantees
  • Software update periods
  • Repair information
  • Spare parts
  • Maintenance
  • Repair restrictions

New sustainability and environmental claims should go through a defined compliance review before publication.

This makes it easier to coordinate marketing, product data management, and compliance while reducing inconsistencies across different sales and communication channels.

EmpCo Versus the Green Claims Directive: What Is the Difference?

The EmpCo Directive and the Green Claims Directive are often confused.

They are not the same. EmpCo is adopted law. Directive (EU) 2024/825 was adopted in 2024 and subsequently transposed into national law.

The Green Claims Directive is a separate EU legislative initiative. It was intended to establish more detailed requirements for substantiating and communicating explicit environmental claims.

In June 2025, the European Commission announced that it intended to withdraw the proposal. A planned trilogue was subsequently canceled. As of September 2026, no Green Claims Directive has been adopted.

This distinction is also important when reading older content about environmental and green claims. Material from an earlier stage of the legislative process may describe the Green Claims proposal as it existed at the time and should not be equated with the binding EmpCo rules.

What Consequences Can EmpCo Violations Have in Germany?

The EmpCo rules become part of the German UWG, among other legislation. As a result, claims for injunctive relief under unfair competition law and formal warning letters may become relevant. The UWG expressly provides for a warning before a claim for injunctive relief is enforced in court.

The frequently cited figure of up to 4% of annual turnover also requires context. It should not be understood as a blanket fine for every individual problematic green claim.

Section 19 of the UWG provides for this framework in connection with certain widespread infringements or infringements with a Union dimension within coordinated European enforcement measures.

For practical purposes, a systematic EmpCo compliance approach is therefore advisable:

Review environmental claims, verify their scope, document supporting evidence, and publish new statements only when they are based on robust data.

Conclusion: EmpCo Makes Sustainability Communications More Specific

The EmpCo Directive does not mean the end of sustainability marketing.

Instead, specific, understandable, and verifiable environmental statements may become more important than broad green promises.

Four points are particularly important for online retailers:

  1. Generic environmental claims such as “environmentally friendly,” “green,” and “climate-friendly” are subject to a significantly stricter framework under the EmpCo Directive.
  2. Environmental benefits should be communicated precisely where they actually exist. If a benefit applies only to the packaging, for example, the claim should not refer to the entire product.
  3. Self-developed sustainability labels, product claims based on offsetting, and vague promises about future environmental performance require particular attention.
  4. In addition to marketing copy, electronics retailers should include information on the legal guarantee of conformity, producer guarantees, software update periods, and repair data in their EmpCo preparations.

Companies that structure their product data, packaging information, and compliance processes effectively also create a stronger foundation for other regulatory requirements relating to EPR, PPWR, WEEE, batteries, and the European circular economy.

Keep EPR and PPWR Under Control Alongside EmpCo

The EmpCo Directive is only one part of Europe’s growing compliance landscape. Online retailers operating internationally also need to address EPR requirements for packaging, electrical and electronic equipment, batteries, and other product categories, as well as requirements under the PPWR.

With ecosistant, companies can centrally organize their operational EPR and packaging processes.

For growing companies and businesses operating internationally, the EPR Premium Service handles registrations, quantity reporting, and ongoing compliance processes across numerous European markets.

For teams that prefer to manage their obligations independently, the EPR Self Service provides digital country guides for relevant EPR areas.

ecosistant also supports companies with PPWR and recycling labeling requirements. Here you’ll find an overview of all our services.

FAQ on the EmpCo Directive

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EmpCo stands for “Empowering Consumers for the Green Transition.”

It refers to Directive (EU) 2024/825 on empowering consumers for the green transition.

Member States had until March 27, 2026 to transpose the EmpCo Directive into national law. The corresponding rules must be applied starting September 27, 2026.

Generic environmental claims such as “environmentally friendly,” “green,” “ecological,” and “climate-friendly” are particularly relevant. EmpCo also contains rules concerning sustainability labels, certain climate claims, claims about future environmental performance, and certain information on durability and repairability.

No.

However, generic environmental claims are prohibited if the company cannot demonstrate recognized excellent environmental performance that is relevant to the claim.

Specific environmental claims may still be possible, but they must, in particular, be factually accurate and not misleading.

Yes, provided the statement is accurate and not misleading.

The scope of the environmental claim is particularly important. If only the packaging contains recycled material, the statement should clearly indicate that it refers to the packaging rather than the entire product.

As a general rule, a sustainability label must be based on an appropriate certification scheme or be established by a public authority.

Purely self-developed trust marks without such a system may therefore fall within the scope of the new EmpCo prohibitions.

A product-related claim such as “climate neutral” that is based on offsetting greenhouse gas emissions outside the value chain is expressly prohibited under the EmpCo Directive.

Communication about financing external climate protection projects should be distinguished from such a product claim.

Yes.

For electronics, in addition to environmental claims, rules and information requirements relating to software updates, durability, repairability, producer guarantees, and other consumer information are particularly relevant.

The EmpCo Directive concerns commercial practices by businesses toward consumers. Online retailers should therefore not assume that environmental claims or relevant consumer information are exempt from the new requirements solely because of the size of the business.

The specific obligations that apply depend on the respective business model, product, and claim.

Online stores should review, in particular, environmental claims, climate claims, sustainability labels, product information, product images, packaging, and marketing materials.

For relevant products, processes and data concerning the legal guarantee of conformity, commercial guarantees of durability, software updates, repairs, and spare parts should also be taken into account.

No.

EmpCo has already been adopted and transposed into national law.

The Green Claims Directive is a separate EU legislative initiative and, as of September 2026, has not been adopted as a directive.

The German legislation implementing the EmpCo Directive does not contain a specific phase-out period for older inventories of printed packaging.

There have been calls for additional transitional provisions. Based on the legal status reflected here, however, they do not change the statutory application date of September 27, 2026.

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