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.