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Green Claims Directive 2026: What EU Businesses Need to Know Now
"Green Claims Directive" is often used as an umbrella term – but it refers to two different EU initiatives. This overview separates the already-adopted EmpCo Directive (EU) 2024/825 from the separately negotiated Green Claims Directive and explains what is binding from 27 September 2026.
Anyone dealing with environmental advertising quickly encounters the term "Green Claims Directive". In practice it is often used as an umbrella label for the entire EU reform on environmental claims – and that is exactly what causes confusion. In reality, two distinct legal acts sit behind it, at different procedural stages. This overview separates them cleanly and clarifies what actually affects businesses in 2026.
Which two EU initiatives are we really talking about?
Two separate initiatives sit behind the public debate:
- The EmpCo Directive – formally Directive (EU) 2024/825 on "Empowering Consumers for the Green Transition". It is already adopted and amends existing unfair-competition law by adding certain misleading environmental practices to the "blacklist" of always-prohibited commercial practices.
- The Green Claims Directive – a separately negotiated initiative intended to add detailed substantiation, verification and certification duties for explicit environmental claims. Its procedural status is not identical to that of the EmpCo Directive and may still change.
The key takeaway: the EmpCo Directive is the already-applicable, binding framework. The Green Claims Directive is the complementary initiative whose design is still in motion. Treating the two as one risks either false confidence or excessive caution. For a detailed look at the EmpCo Directive itself, see was-ist-die-empco-richtlinie.
What is already adopted, and binding from when?
The EmpCo Directive entered into force on 26 March 2024. Member states had to transpose it into national law by 27 March 2026. The new rules apply from 27 September 2026.
In Germany, transposition takes place in particular through the Third UWG Amendment Act (BGBl. 2026 I No. 43), which incorporates the requirements into the Act against Unfair Competition (UWG). From that date, the introduced prohibitions are bindingly applicable in Germany.
The legal nature matters: a directive is not directly applicable law like a regulation, but must be transposed by each member state. Competences, penalty levels and procedures may therefore differ between EU countries. Anyone advertising across borders should check the respective national implementation rather than relying solely on the German version.
What, by contrast, is only proposed?
The separate Green Claims Directive aims to go beyond the general prohibitions. Points under discussion include prior substantiation procedures for explicit environmental claims, requirements for independent verification, and rules for environmental labels. Because the procedural status of such initiatives can still change, concrete obligations, deadlines and details should not be treated as settled.
For operational planning this means: preparation should first orient itself around what is already binding – the EmpCo requirements. The evolution of the complementary Green Claims Directive should be monitored in parallel, but not treated as an already-applicable set of obligations.
Who is affected by the reform?
The scope is broad. In principle it concerns any business that advertises environmental benefits to consumers or offers them products – regardless of size or sector. This ranges from online shops and consumer brands to service providers that market sustainability.
Businesses should keep a particular eye on:
- generic environmental terms such as "environmentally friendly", "green" or "sustainable" without solid evidence;
- climate-neutrality claims that essentially rely on offsetting;
- sustainability labels without a recognised or certification-based basis.
Business-to-business communication is not the primary scope but may be covered by other rules. Which individual terms will count as risky is covered in detail in riskante-werbebegriffe.
How should businesses proceed in 2026?
A risk-oriented rather than panicked approach is advisable. Not every environmental claim is impermissible – what matters is whether it is specific, verifiable and correctly framed. A pragmatic starting point:
- Inventory all environmental claims on the website, packaging and in campaigns.
- Prioritise by visibility and risk – especially climate-neutrality and generic claims.
- Assign evidence to every claim (studies, certificates, measurement data).
- Critically review labels and comparative statements.
- Document and repeat, because content and legal application change over time.
Since the precise reach of individual requirements depends on national implementation and on interpretation by authorities and courts, an individual review by a lawyer is advisable in cases of doubt – especially for cross-border advertising. This article does not constitute legal advice.
The core message for 2026 is simple: the EmpCo Directive is the binding framework you must prepare for; the Green Claims Directive is the complementary initiative you should watch. Keeping the two apart lets you plan on solid ground.
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