Droit et jurisprudence
The 2026 UWG Amendment: New Rules for Environmental Advertising in Germany
The 3rd UWG Amendment Act transposes the EmpCo Directive in Germany. This article explains the changes to Sections 5 and 5a UWG, the new blacklist entries and who can enforce the rules.
With the EmpCo Directive (EU) 2024/825, the EU has created a common framework against misleading environmental advertising. In Germany, this framework is transferred into national law through the 3rd UWG Amendment Act (BGBl. 2026 I No. 43). The new requirements become binding from 27 September 2026. This article sets out what changes in the UWG, who can enforce the rules and where uncertainties remain.
What is the EmpCo Directive and how is it implemented?
The EmpCo Directive ("Empowering Consumers for the Green Transition") aims to protect consumers from misleading environmental claims and non-transparent sustainability labels. As a directive it sets an objective but leaves the concrete design to the member states. Germany implements it essentially through the Act against Unfair Competition (UWG).
This means that environmental advertising is not regulated in a completely new special statute but integrated into the existing law on fair trading. For companies this is relevant insofar as the familiar mechanisms of the UWG – such as injunctive relief – also apply to environmental claims.
What changes in Sections 5 and 5a UWG?
At the centre are the provisions on misleading commercial actions (Section 5 UWG) and on withholding material information (Section 5a UWG). Both are tailored more strongly to environmental claims.
Section 5 UWG concerns actively misleading claims. In future, indeterminate or unsubstantiated environmental claims move more clearly into focus – that is, cases in which a positive environmental impression is created that cannot be verified. Section 5a UWG concerns the withholding of material information. Here it gains importance that the basis of an environmental claim – for example whether neutrality rests on reduction or on offsetting – may be material to the consumer's decision and must not be withheld.
The precise scope of these adjustments will only be concretised in application and later case law. Until then, restrained, well-substantiated communication is the safer path.
Which new blacklist entries are added?
The UWG contains an annex of practices that are always deemed impermissible (a "blacklist"). In the course of implementation, entries are added here that capture typical forms of environmental advertising. In line with the aim of the Directive, these include among others:
- general environmental claims without recognised, demonstrable proof,
- sustainability labels that do not rest on an independent review or a recognised certification system,
- neutrality claims that rest essentially on the offsetting of emissions.
These entries are particularly relevant in practice because they no longer require an elaborate individual assessment of the misleading effect: if a claim falls under them, it is generally deemed impermissible. The precise wording and numbering of the individual annex items should, in case of doubt, be checked against the statutory text.
Who can enforce the new rules?
Enforcement in Germany is predominantly under civil law. Entitled to bring claims are in particular:
- competitors active in the same market,
- business and competition associations with standing to sue, and
- qualified consumer associations.
These can demand injunctive relief and issue warning notices or pursue infringements in court. A central supervisory authority that comprehensively monitors environmental advertising is not provided for in the UWG system. In practice this means the risk arises above all from competitors and associations – a pattern long familiar from the law on fair trading.
Do the same rules apply in other EU countries?
No, not necessarily in detail. The EmpCo Directive sets a common framework but leaves the precise implementation and enforcement to the member states. In other countries enforcement may rely more strongly on authorities, and national rules may differ on individual questions. For companies advertising across borders this means: a wording that is defensible in Germany is not automatically unproblematic in every other member state. Here particular care and, in case of doubt, a legal review in the respective target market are advisable.
What should companies do now?
Early preparation for the 27 September 2026 deadline is sensible. This includes systematically recording and assessing existing environmental claims – from the website through product texts to packaging. Particular scrutiny is warranted for blanket environmental terms, self-issued labels and offsetting-based neutrality claims. How to make the latter more defensible is explored in the article Advertising "CO₂ Neutral": What Is Banned from September 2026.
Since many details will only be sharpened through application and future rulings, a conservative baseline stance is advisable: concrete, verifiable statements instead of indeterminate promises, transparent bases instead of suggestive overall impressions.
Conclusion
The 2026 UWG amendment anchors the EmpCo Directive in German fair-trading law. The changes to Sections 5 and 5a UWG and the new blacklist entries noticeably shift the standard for environmental advertising. The rules are enforced above all by competitors and associations, while the concrete implementation can vary across the EU. Those who switch to verifiable claims in good time are well prepared for the deadline.