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. Since 10 June 2026, the government bill (Regierungsvorlage, 528 der Beilagen XXVIII. GP) from the Ministry of Economic Affairs (BMWET) has been on the table; parliamentary treatment is planned before the summer recess.

In the media: On Austria’s delayed transposition, our unfair-competition specialist Dr. Bernhard Tonninger is quoted in Der Standard: “Further delay leads to considerable legal uncertainty.” He has little time for transition periods — the rules should be the same for everyone. The likely reaction of many businesses: “in case of doubt, companies prefer to drop environmental claims.” — Der Standard, 28 May 2026 (quotes translated from German) (to the article) (Update June 2026: the government bill for the UWG amendment (528 der Beilagen XXVIII. GP) was introduced — transposition is now on track.)

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

Transposition in Austria takes place in two steps: via the Consumer Rights Amendment Act 2026 (adjustments to, among others, the Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG)) and — as the second central part — via the UWG amendment, for which the government bill (528 der Beilagen XXVIII. GP) has been available since 10 June 2026.

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

Exception: Legally regulated labelling remains permitted — terms such as “organic” (“bio”/“biologisch”) under the EU Organic Regulation continue to be allowed. The ban targets voluntary, non-regulated environmental claims.

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 prohibitions: planned obsolescence and repair claims

Beyond the information duties, the amendment prohibits certain practices around the premature obsolescence of goods — for example concealing a deliberately limited durability or making incorrect statements about reparability. Anyone who presents products as more durable or more easily repairable than they actually are risks an unfair-competition challenge in future.

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.

Transition period for existing stock

For goods that were placed on the market before 27 September 2026, the amendment provides a grace period: civil claims for breaches of the new environmental-claim provisions cannot be asserted for such existing stock for up to three years. The grace period does not apply to goods placed on the market after that date.

Also in the amendment: protection against abusive cease-and-desist letters

The UWG amendment also addresses abusive cease-and-desist practices: it defines when a warning is an abuse of rights and grants the wrongly warned party its own claims (including for cost reimbursement). For businesses that receive unjustified warnings, this is a noticeable improvement.

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.