With EU Directive 2024/825 — the EmpCo Directive (“Empowering Consumers for the Green Transition”) — comes the sharpest regulatory update for advertising in years. It tightens unfair-competition law, closes classic greenwashing loopholes and creates comprehensive information duties on lifespan and reparability. In Austria, transposition takes place via an amendment to the UWG — applicable from 27 September 2026.

What the Directive actually changes

The EmpCo Directive amends two key pieces of legislation:

  • Unfair Commercial Practices Directive (UCPD) — the EU basis of the Austrian UWG
  • Consumer Rights Directive (CRD) — new information duties

The changes will probably be transposed in Austria via a UWG amendment and via adjustments to the Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG).

Ban on generic environmental claims

Claims such as “climate-neutral”, “environmentally friendly”, “green”, “sustainable”, “ecological” become a trap when used without proven excellent environmental performance. Specifically prohibited are:

  • General environmental claims without specific reference to a proven property
  • Claims that refer to aspects that are already legally required (“we comply with minimum standards” as a competitive advantage)
  • Claims about partial aspects that create the impression that the whole product is environmentally friendly
  • Climate-neutrality claims based solely on offsetting greenhouse gas emissions

Strict rules for future commitments

Claims such as “climate-neutral by 2030” or “emission-free by 2040” are only permitted if:

  • They are based on clear, objective and publicly available commitments
  • A detailed and realistic implementation plan exists (including specific milestones and investments)
  • Regular review by independent third parties is ensured
  • The results of that review are publicly available

Pure marketing promises without a plan and third-party verification become a basis for cease-and-desist letters and lawsuits.

Sustainability labels with mandatory certification

Sustainability labels may in future only be used if they are based on a recognised certification scheme or are awarded by an authority. Self-created labels (“Eco-Plus”, “Green Choice”) without independent verification are not permitted — and therefore a classic cease-and-desist anchor.

New information duties on product lifespan

The Directive requires comprehensive information on lifespan and reparability:

  • Expected lifespan of the product
  • Reparability rating (where introduced)
  • Availability and minimum duration of security updates for digital products
  • Information on repair options and availability of spare parts

This information must be provided clearly and prominently before contract conclusion. For online shops this means: adjustments to product detail pages, T&Cs and the purchase process.

New entries on the blacklist

The blacklist of the UCPD/UWG (practices that are in any event prohibited) is supplemented with several greenwashing items — including:

  • Displaying a sustainability seal that is not based on certification
  • General environmental claims without proven excellent environmental performance
  • Climate-neutrality claims based on mere emissions offsetting
  • Claims about future environmental performance without clear commitments and verification
  • Claims that a product has a certain lifespan when this is objectively incorrect

Blacklist items are per se unfair — challenging them requires no appreciability test at all. Anyone who violates them is directly exposed to the risk of a lawsuit and of a preliminary injunction.

What businesses should do now

By the application date of 27 September 2026 at the latest, you should:

  • Review advertising and product documentation for generic environmental claims (compile a strike list)
  • Underpin future commitments with implementation plans or withdraw them
  • Replace self-labels with certified labels or stop using them
  • Implement online-shop information duties on lifespan / reparability / updates
  • Set up marketing and compliance training for internal teams
  • Adjust T&Cs and sales materials to the new CRD requirements

Experience with earlier UWG amendments shows: legal pre-publication review of advertising for compliance with the EmpCo requirements is no longer optional in 2026 — it’s a must.

This article is for general information and does not constitute legal advice in any specific case.