Empowering Consumers for the Green Transition (EmpCo)

In Germany, EmpCo is implemented through the Unfair Competition Act (Gesetz gegen den unlauteren Wettbewerb, UWG). But what are the specific implications of the Directive—particularly for communication and marketing activities in the context of business events?

EmpCo applies to all companies offering products or services that are purchased or used within the EU internal market. The company’s place of establishment is irrelevant; what matters is whether consumers are located in the EU. Companies that use sustainability-related claims which cannot be substantiated may, in future, be legally classified as misleading.

The Directive pursues several clear objectives:

• Protection of consumers and fair competition
• Prevention of misleading or exaggerated sustainability claims
• Stricter requirements for environmental labels and certificates
• Greater transparency and more reliable information in the market

In this way, EmpCo aims to strengthen trust in genuine sustainability performance, including in the MICE and events sector.

EmpCo defines environmental claims broadly. They include:

• voluntary statements, symbols, images and graphics, both online and offline
• used for marketing or sales purposes
• that convey the impression that a product, service or company
  • is environmentally friendly,
  • is less harmful to the environment, or
  • is more sustainable than comparable offerings

The concept of “environment” encompasses both ecological and social aspects. Even generic terms such as “environmentally friendly” or “sustainable”, as well as visual elements like the colour green, trees or leaves, may be considered environmental claims.

In the future, a claim will be considered unfair if:

• general terms such as “green” or “eco” are used without verifiable evidence of environmental performance
• alleged benefits suggest verified characteristics despite lacking substantiation
• future-oriented promises (e.g. “climate-neutral by 2027”) are made without a realistic, published and verifiable action plan

Sustainability labels may only be used if:

• they are based on a recognised certification scheme, or
• they are established by public authorities, and
• they are monitored by independent third parties, ensuring competence and independence in accordance with international, EU-wide or national standards

References to labels that do not meet these requirements must be removed from commercial communications by 27 September 2026 at the latest.

For an environmental claim to be permissible, it must meet the following conditions:

1. Be specific and verifiable
Example: “ Sustainable travel” is too vague; reliable data is required instead.

2. Disclose all relevant aspects
This means that negative environmental impacts must not be omitted.

3. Not create a misleading overall impression
Example: An event venue advertises 100% green electricity while concealing very poor building efficiency—this would be inadmissible.

4. Be communicated in a clear and transparent manner
Supporting evidence must be accessible in the same medium, for example via a website link with appropriate documentation.

5. Provide clear and measurable information
Examples of permissible statements include:

• 85% regional food (<150 km)
• 100% vegetarian, 40% vegan
• <5% food waste, verifiably measured

6. Include future-oriented statements only where supported by a robust plan
Such plans must be publicly accessible, measurable and time-bound.

Companies may face:

• formal warnings
• cease-and-desist orders
• injunction proceedings
• claims for damages
• fines

1. Review communication content

• Use terms such as “sustainable” or “environmentally friendly” only where robust evidence exists
• Do not promote features that are already legally required (e.g. “BPA-free”)
• Do not omit negative environmental impacts

2. Develop alternative wording

• Focus on what has actually been measured, verified or certified.

3. Raise internal awareness

• Greenwashing will be assessed more quickly and more strictly in future.
• Awareness within marketing and communications teams is therefore essential.

With EmpCo, the EU establishes a binding framework for honest, verifiable and transparent sustainability claims. For companies—particularly in the MICE sector—this requires:

• communicating accurately,
• providing concrete evidence,
• making future plans publicly available, and
• verifying labels and claims thoroughly.

This article is intended for general informational purposes only. It does not claim to be exhaustive and does not constitute legal advice. Responsibility for detailed legal assessment and the implementation of appropriate measures remains with the respective stakeholders.