Implementation of the EmpCo Directive / UWG

The new "Empowering Consumers for the Green Transition" (EmpCo) directive is changing the rules of sustainability communication. According to the German implementing legislation (UWG), statements about the sustainability of a company or its products must be more rigorously supported by evidence from September 27, 2026. For companies, this means they must scrutinize their existing sustainability claims and adjust them if necessary.

Many of our project partners are affected – ÖKOPROFIT companies and EMAS users, project partners with a carbon footprint, a climate or sustainability management system, or ISO-certified companies (14001, 50001, etc.). We are familiar with the structures and systems and know where you need to look to ensure EmpCo compliance. Because the principle remains: "Do good and talk about it" – albeit with new requirements, and we will provide targeted support in their implementation.

Use our free self-assessment to determine which statements you need to pay attention to.

Our consulting services: We support you in implementing the EmpCo guidelines.

Our services

Initial check: Clarification of the impact

Claim inventory: Recording all statements regarding sustainability

Risk analysis: Assessment of the risk of non-conformity of all claims

Identification and documentation of measures

Support in implementing the measures

Training of responsible employees

Review of the adapted statements by a specialist lawyer

Your benefits

Identification and documentation of unfair statements

Establishing a comprehensive risk management system

Long-term compliance with Empco requirements

Checklist-based consultation process

Legal certainty in accordance with the EmpCo Directive / Unfair Competition Act through legal review

The most important EmpCo requirements at a glance

The EmpCo Directive aims to protect consumers from misleading advertising ("greenwashing"), particularly regarding environmental claims, sustainability communication, durability, and repairability. In Germany, the EmpCo requirements were implemented through an amendment to the Act Against Unfair Competition (UWG) . The following statements are now considered unfair:

General environmental statements such as “environmentally friendly”, “environmentally friendly”, “green”, “ecological”, “climate-friendly” – unless a recognized, outstanding environmental performance can be specified and proven in the statement.
Unspecified product comparisons with regard to ecological/social characteristics – unless information about the comparison method, the products compared and the suppliers of these products is provided.
Labeling of unrecognized sustainability seals – Seals should originate from government bodies or be based on a third-party certification system.
Environmental statements about the entire product/company, although these only apply to a part (e.g. product was “made with recycled material”, although only the packaging is made of recycled material).
Product-related climate statements regarding neutral, reduced or positive environmental impacts if these are based on compensation for GHG emissions outside the value chain.
Company-related climate statements, provided that these may be misleading and influence the consumer's purchasing decision.
General environmental statements about future performance (e.g., "climate neutrality by 2035"), unless there is a public and realistic implementation plan that outlines how these commitments and targets will be achieved..
Application of legally required qualifications to communicate it as a special feature.
Obsolescence practices, such as incorrect durability information, sham repairability, premature replacement requests, misleading update statements.

Frequently asked questions about the EmpCo guideline

Who is affected by the EmpCo directive?

The new regulations affect all companies of any size that make environmental claims directly in a B2C context or whose claims can reach consumers through third parties.

When does the EmpCo come into effect?

The EmpCo requirements are implemented in Germany through an amendment to the Act Against Unfair Competition (UWG) and will become legally binding from September 27, 2026.

What exactly qualifies as an "environmental statement"?

In addition to texts, images, brand or company names and symbols also count as environmental statements, provided that they communicate an environmental impact – implicitly or explicitly.

Are climate claims based on compensation still permissible?

No. Product- and company-related statements regarding neutral, reduced, or positive environmental impacts are inadmissible if they are based solely on the compensation of GHG emissions outside the value chain.

Am I allowed to advertise with future goals such as "climate neutral by 2035"?

This is possible provided that a public and realistic implementation plan exists, which is reviewed by an external expert and whose findings are made accessible to consumers.

What are the consequences of violations?

Violations can be prosecuted under competition law – for example through warnings, injunctions and fines – and also carry the risk of reputational damage.

Your contact person

Isabella Sohns
Frankfurt office
Phone: +49(0) 69-9593 2050
Email:
Isabella.Sohns@arqum.de

Isabella Sohns has been with Arqum since 2023. As a project manager, she advises companies from various sectors on the implementation and further development of environmental and energy management systems according to EMAS, ISO 14001 and ISO 50001, organizes and moderates ÖKOPROFIT® workshops and supports companies in the preparation of greenhouse gas balances and sustainability reporting.

What can we do for you?

References

customer projects

Climate protection

Development of a greenhouse gas reduction strategy for AOK Bayern

Environmental management

Conducting the annual environmental audit according to EMAS as well as conducting compliance audits.

International cooperation

Conducting online training courses on water and wastewater management for companies in Azerbaijan in cooperation with the German-Azerbaijani Chamber of Commerce, in order to raise awareness of the sustainable use of the resource water and to be able to implement effective measures for resource conservation.