EmpCo Directive 2026: All Rules and Obligations at a Glance

The EmpCo Directive (EU) 2024/825 takes effect on September 27, 2026, and prohibits unsubstantiated environmental claims such as “sustainable” or “climate-neutral”—here you’ll find all the rules, obligations, and penalties summarized at a glance.

Legal basis: Directive (EU) 2024/825

German Implementation: 3rd Amendment to the Unfair Competition Act (UWG)

Effective as of: September 27, 2026

What is the EmpCo policy?

  • EmpCo stands for “Empowering Consumers for the Green Transition”—in other words, empowering consumers for the green transition.
  • Official title: Directive (EU) 2024/825 of the European Parliament and of the Council.
  • Adopted on February 28, 2024; published in the Official Journal of the EU on March 6, 2024; entered into force on March 26, 2024.
  • It is part of the European Green Deal and is not a new law in its own right, but rather a strengthening of existing consumer protection laws.
  • National Law: In Germany, the Directive is primarily incorporated into the Unfair Competition Act (UWG)—implemented through the Third UWG Amendment Act.
  • Goal: To protect consumers from misleading environmental claims (greenwashing) and misleading social claims (social washing).
  • Background: A 2020 European Commission investigation found that more than half of all environmental claims examined in the EU were vague, misleading, or unsubstantiated.

Schedule and Validity

  • March 26, 2024: The EmpCo Directive takes effect at the EU level.
  • March 2026: Deadline for Member States to transpose the directive into national law.
  • September 27, 2026: Mandatory implementation in all 27 EU member states
  • The separate Green Claims Directive, which was actually intended to complement EmpCo, remains in the legislative process; trilogue negotiations are currently on hold. Until further notice, EmpCo is the only binding EU instrument against greenwashing.

Prohibited Environmental Statements

The EmpCo policy specifically addresses:

General Environmental Statements

Terms such as “plastic-free,” “recyclable,” “green,” or “environmentally friendly” will be prohibited starting in 2026 if they are not accompanied by directly accessible, verifiable evidence. A vague label stating “made from recycled material” without specifying exactly which standard was used and who verified it will no longer be sufficient.

Misleading Waste Offset (“Plastic Neutrality”)

The risk: Advertising a product as “plastic-neutral” or “waste-offset” may result in a cease-and-desist letter if the messaging suggests to consumers that the product itself does not generate any waste. Offsetting must not be disguised as a “zero-impact” feature of the product—it must be transparently declared as a financial contribution (contribution claim).

Unsubstantiated “Plastic-Free” & Circular Economy Goals

The risk: Future commitments such as “plastic-free packaging by 2030” or “fully circular by 2028” are illegal without a detailed, publicly available implementation plan. You need a roadmap with time-bound milestones and independent third-party verification.

Proprietary sustainability labels

The risk: Custom-designed badges such as “Ocean Friendly,” “Plastic Saver,” or in-house sustainability seals that are not awarded and monitored by an official, transparent, and independent certification system are expressly prohibited under EmpCo.

Sanctions and Enforcement

Companies face significant consequences for violating the new regulations. The initial response in the market is typically a warning letter under competition law. If the affected company fails to comply, preliminary injunctions and injunctive relief actions may follow shortly thereafter.

Financial penalties pose a particular risk: In cases of serious, cross-border violations, fines of up to 4% of annual revenue may be imposed. In addition, under certain conditions, direct claims for damages may be considered. Enforcement is significantly expedited for plaintiffs and authorities, as certain violations on the so-called “blacklist” are automatically deemed unfair—eliminating the need for time-consuming case-by-case review by the courts.

Who Is Affected by the Directive

The EmpCo Directive does not apply only to large corporations—it applies to any company that markets products or services to consumers in the EU, regardless of size, industry, or place of business.

Companies in the EU'

The directive applies to all companies that market products or services to end consumers in the EU . This applies regardless of where the company is headquartered.

Companies outside the EU

Companies outside the EU are also affected as soon as they target EU consumers—for example, through online stores that ship to the EU, brand websites in EU languages, or sales on European marketplaces.

All Industries

This affects all industries that advertise using environmental or social claims: from consumer goods and fashion to financial services and energy.

Sustainability Report

The directive also applies when statements from the sustainability report are reused in advertising. In such cases, the same obligations to provide evidence apply as for traditional advertising claims.

Why should we take action regarding EmpCo now?

The transition period is underway. Companies that do not adapt their communications in time risk:

  • Warnings and Fines Due to Stricter Enforcement
  • Reputational Damage from Public Criticism of Greenwashing
  • Loss of trust among increasingly critical consumers

The sooner you review your statements, the more time you’ll have to make informed adjustments.

Our AI Audit Tool

Want to know which specific claims your company needs to revise right now? Use our EmpCo Check to get an automated analysis of the current claims on your website.

The EmpCo-compliant alternative: everwave Plastic Credits

The new guideline rewards precision and penalizes vague claims. The legally sound approach for your marketing is to use what are known as “contribution claims.” With everwave, you communicate measurable impact instead of empty phrases.

  • Certified Impact: For every euro, we verifiably remove 1 kg of waste from the environment. Externally audited and transparently traceable.

  • Authentic marketing materials: You’ll receive high-resolution photos and videos from our cleanups around the world for your campaigns—the strongest proof for your customers.

  • Reliable Communication: Transform your risky “climate-neutral” claims into transparent impact statements that meet the strict EmpCo guidelines.

Frequently Asked Questions (FAQ)

It is an EU directive that has been transposed into German law and will take effect in September. Directive (EU) 2024/825 (Empowering Consumers for the Green Transition) will prohibit vague and unsubstantiated environmental claims (greenwashing) starting in September 2026 in order to better protect consumers.

Traditional green claims often assert a product characteristic (e.g., “climate-neutral”) that is difficult to prove. A contribution claim transparently states the specific contribution you are making—for example, how many kilograms of plastic waste have been verifiably collected thanks to your support.

The audit is completely free for established companies and brands. We manually screen requests to ensure high quality.

The EU prohibits advertising claims based on the offsetting of emissions outside a company’s own value chain. Instead, companies must transparently communicate what they are actually doing or directly financing.

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