EmpCo Checklist: Compliant Environmental Advertising in 7 Steps

The EmpCo Directive (EU) 2024/825 shifts the standard for environmental advertising from mere assertion towards a duty of evidence. In Germany the rules transposed via the Third UWG Amendment Act (BGBl. 2026 I No. 43) apply from 27 September 2026. Rather than reacting with panic, a structured approach helps. The following checklist leads through seven steps, from taking inventory to ongoing control.

Step 1: How do I capture all environmental claims?

Everything starts with a complete inventory. Collect every claim with an environmental angle – on the website, in product descriptions, on packaging, in newsletters, social-media posts and ads. This also includes labels, logos, imagery (such as green leaves or globes) and slogans.

Create a simple list: location, exact wording, type of claim. Without this overview you can neither assess risk nor prioritise meaningfully. An automated website scan can speed up this first capture considerably.

Step 2: How do I classify claims by risk?

Not every claim is equally critical. Assign each captured claim a rough risk level:

• High: climate-neutrality claims based on offsetting, generic terms without evidence, labels without a recognised basis.
• Medium: general terms such as "sustainable" or "environmentally friendly" that could in principle be substantiated but require evidence.
• Low: specific, verifiable and correctly framed statements with a clear reference point.

Which terms fall into which level is covered in detail in riskante-werbebegriffe. This classification governs the order of the next steps.

Step 3: Which neutrality claims should I remove or revise?

Climate-neutrality and CO₂-neutrality claims that essentially rely on offsetting are considered particularly risky. Review these as a priority. It is often safer to replace a generic neutrality claim with a specific, verifiable statement – for instance about the actual emission reduction at source rather than a calculated offset.

Where you are unsure whether a claim holds up, the rule is: phrase more conservatively when in doubt, and have the individual case reviewed legally.

Step 4: How do I substantiate general environmental terms?

General terms such as "sustainable", "green" or "environmentally friendly" are not automatically impermissible – but they need a solid basis. Assign evidence to every remaining claim: studies, certificates, measurement data or recognised methods.

If evidence is missing, you have two options: obtain the proof, or make the claim more specific or remove it. A good rule of thumb: replace vague terms with precise, verifiable statements that name the concrete benefit and its reference point.

Step 5: How do I review labels and eco-marks?

Sustainability labels that are not based on a publicly recognised or certification-based scheme are considered risky. Go through every label you use:

• Who issues it, and against which criteria?
• Is it based on independent certification?
• Might it be a self-created label?

You should scrutinise self-designed labels without a recognised basis particularly closely. Remove marks whose basis you cannot substantiate.

Step 6: How do I document the evidence?

The EmpCo logic is an evidence logic: those who advertise environmental benefits should be able to prove them. Set up an orderly evidence file in which each active claim is linked to its proof, its location and the status of review.

This documentation helps not only in the event of a dispute but also makes later updates and internal coordination between marketing, legal and product management easier. Record who approved which claim and when.

Step 7: Why should I re-scan regularly?

A one-off review is not enough. Website content changes, new campaigns are added, and interpretation by authorities and courts continues to evolve. Establish a recurring control rhythm – for example with every major website or campaign change, plus at fixed intervals.

An automated, repeatable scan makes this step manageable, because it surfaces new or changed claims early. That keeps your communication continuously up to date.

This checklist structures preparation but does not replace an individual legal review – especially for cross-border advertising. For a broader overview of the legal landscape, see green-claims-directive-2026.

Want to start step 1 right away? Start the free check