The Directive on Empowering Consumers for the Green Transition (“Empowering Consumers Directive” / “EmpCo”) will apply as German law from September 2026.

The most drastic aspect of the EmpCo, which has hardly been on anyone’s radar so far, is that it will apply from the end of September 2026 to advertising claims relating to products that are already on the market. It therefore applies retroactively.

This means that from today at the latest, it must be taken into account for all communication decisions that even “touch” on sustainability, right down to the name of your company, your garment-hangtag or the little sticker that comes with your machine.

In principle, all company sizes will be affected, B2B and B2C, although it is not yet 100% certain whether the German implementation of the directive will explicitly include B2B companies. European countries handle this differently. Nevertheless, if you work for OEMs, which in turn have B2C lines of business, you are of course indirectly affected by the required standardisation of marketing propositions. Within your B2B target customers / OEMs, it will not be possible to handle multiple standards. Neither marketing, nor legal, nor sales would be able to withstand this “schizophrenia”, a green claim in the sense of Mercedes is a green claim in the sense of Mercedes, regardless of whether the supplier (you) supplies a B2B line (e.g. lorries) or a B2C line (cars). And the vast majority of suppliers will have to comply with this. So, similar to CSRD, there are indirect obligations to comply with the rules, even if they may not apply directly to us.

This directive brings significant changes to environmental advertising.

Affected areas include, among others:

• Ingredient disclosures that supplement or exceed legal requirements
• Packaging information, such as recyclability, biodegradability, or harmful substances
• Sales documents
• Texts for tenders in which you participate
• Catalogs and brochures
• Trade fair communication
• Videos
• Websites and shop descriptions
• Vehicle wraps
• Signage
• Profile information of all online profiles of the company and employees, as far as they contain product information
• Business stationery
• PR texts, abstracts of lecture events
• Job advertisements and employer brand communication

Why is the Green Claims Directive / Anti-Greenwashing Directive not yet relevant?

Unlike the directive discussed here, it has not yet been adopted by the European Authorities. There are no fixed contents that we could prepare for today. After the newly elected European Parliament startet it´s work on July 16th 2024, it will revisit it. Due to deadlines, it will be implemented into German law at the earliest in early 2027. Its main regulation, the prior approval of slogans and claims, is still a long way off.

Which companies are affected by the Empowerment Consumer Directive?

The directive is primarily aimed at B2C companies. Some EU countries have already announced that they will also apply it in the B2B sector. It is not yet foreseeable how Germany will decide. If your B2B customers resell products to end consumers, they often expect environmental claims from your supply chain to be maintained.

Small businesses are exempt from the Consumer Empowerment Directive if they:

• Have fewer than 10 employees and an annual turnover of less than 2 million euros
• Have an additional grace year if they have an annual turnover of under 50 million euros and fewer than 250 employees

For each of the two thresholds, exceeding one of the criteria results in the loss of the exemption.

Important

Labels and information required by EU or national law are excluded from the directive. This must be checked on a case-by-case basis.

Ban on General Environmental Claims

General statements such as “green” or “climate neutral” must prove a recognized and relevant excellent environmental performance. This must meet the requirements of Regulation (EC) No 66/2010 or other national and regional environmental labels.

Sustainability Seals

These seals must be introduced by government bodies or based on an independent certification system. Users, holders, and auditors must be independent of each other.

CO2 Compensation

Terms like “climate neutral” can no longer be used if they are based on CO2 compensation. Products must actually be climate neutral.

Future Environmental Performance

Claims about future environmental performance must include clear, verifiable commitments and a detailed implementation plan.

Advertising with Legal Requirements

It is no longer allowed to advertise with legal minimum standards as a distinguishing feature. However, products that exceed legal requirements can still be advertised.

Circular Economy and Product Claims

Information about the durability, reparability, and recyclability of products must be transparent.

Relevant Environmental Claims

Environmental claims may no longer refer to the entire product or company if they only concern a partial aspect.

Additional Legal Details

The Consumer Empowerment Directive provides for changes to the Unfair Commercial Practices Directive (UCPD), which will find its way into the German Act Against Unfair Competition (UWG). The UWG is the primary legal basis for judgments in the context of greenwashing in Germany.

Conclusion

The new directive is a step by the EU towards stricter regulations for environmental advertising. Companies should already consider the new requirements, especially if their products will still be on the market in 2026.

Support

Feel free to contact us anytime if you want to set up a project that gives you the security to conduct successful sustainability communication until 2026 and beyond. We support you with experts, manage projects (not legal advice), and are happy to work with your teams and service providers, whether they are lawyers, auditors, or agencies.

We enjoy working with various company departments and, upon request, also moderate processes, set up and conduct workshops, and support transformation, team building, and, of course, all marketing-related topics such as brand and sales strategy, content, design, or digital.

A conversation always adds value.

Starting from September 2026, there will be a new mandatory regulation regarding all remotely “green” advertising claims and statements, extending to product and company names. The very special aspect of this regulation is that it will apply retroactively.

Essentially, all company sizes will be affected, both B2B and B2C. However, it is not yet 100% certain whether the German implementation of the directive will explicitly include B2B companies. European countries handle this differently. Nevertheless, if you work for OEMs that, in turn, have B2C lines of business, you will naturally be indirectly affected due to the required uniformity of marketing propositions.

Within your B2B target customers / OEMs, multiple standards will not be feasible. Neither Marketing, nor Legal, nor Sales could sustain this “schizophrenia” – a green claim in the sense of Mercedes is a green claim in the sense of Mercedes, regardless of whether the supplier (you) supplies a B2B line (e.g., trucks) or a B2C line (cars). And most suppliers will have to comply with this. Thus, similar to CSRD, there are indirect obligations to adhere to the rules, even if they may not apply to us directly.

All products and services that your company has on the market in September 2026 (particularly those brought to market from now until then) must be reviewed and aligned with this directive. This includes product stickers, packaging, logos, forms, and even job advertisements. Marketing and web activities, of course, as well.

Action is therefore required now, depending on the lifespan of your products and services in the market. Read the detailed second part of this article for more information.

In simple terms, sustainability communication is a form of marketing communication that involves attributes considered “green.”

Some manufacturers or retailers can genuinely claim green product attributes, like being free from microplastics or toxins. However, others do not have any such attributes.

Some companies that possess green attributes choose not to highlight them (commonly known as “Green-Hushing”), while some that lack them claim they do (commonly known as “Green-Washing”).

No one wants to be exposed as a green-washer. But what if your sincere efforts to make the world a better place are undermined tomorrow by an overly critical person, and you end up being labeled a corporate villain in the court of social opinion? This fear is not unfounded, which is likely a reason behind the phenomenon of Green-Hushing.

Fortunately, there is a simple strategy to avoid this. It has three components, and you can implement it with us at any time, without extensive preparation.

Here’s the best part:

It works immediately and can be started at once. Everything from yesterday becomes irrelevant, as does the distant future. Authenticity in the present is key!

Here’s what you need to do:

1. Understand your target audience.
2. Use the global mega-trend of circularity as a guiding principle.
3. Develop a strategy and engage in effective content marketing.

Step 1: Understand Your Target Audience

If you’re a brand or aiming to become one, the most important thing to understand is that the strength of a brand comes not just from the affinity of its message recipients, but also from a high level of trust.

Additionally, you should know that your target audiences are not foolish. They look beyond the surface. But they don’t just evaluate with their minds; they also use their hearts. A single lie, and you could be permanently removed from the “relevant set” of brands someone might consider.

This means you have a great opportunity to communicate your journey toward sustainability (whatever that might mean to you) in a truly authentic way, focusing on the present moment. This approach could gradually build a brand that deserves the “green” label, either as a core aspect of your identity or as part of a mix of attributes you choose to incorporate into your brand.

Step 2: Use the Global Mega-Trend of Circularity as a Guiding Principle

Nobody can currently define what sustainability truly means. Some people focus on social elements like supply chains and fair wages, while others are concerned with biodiversity, microplastics, oceanic garbage patches, climate-damaging emissions, or deforestation. The scope seems limitless.

The good news is that, as a business, you have complete freedom to set your priorities and choose your path. You just have to do it.

To guide you, there’s a globally accepted framework: the Circular Economy. This concept underpins parts of the UN’s Sustainable Development Goals and the EU’s Green Deal. Tens of thousands of products are already created based on this principle. The world’s major corporations are committing to it, even with dedicated Circular Economy funds from BlackRock, the world’s largest asset manager. Countries like the Netherlands are far ahead, with global initiatives like Circular Cities, heavily supported by the EU. Much of this hasn’t fully reached Germany yet.

But that doesn’t change the fact that this global mega-trend is attractive and secure for entrepreneurs. That’s what we’re focusing on today.

And no, this isn’t about introducing a new economic system. It’s about thinking circularly and taking action wherever you can. When you do that, no one can accuse you of deception or dishonesty.

What does circular action look like? Here are some examples. You can find more details and our 12-point charter for circular entrepreneurship on our website:

• Refurbishment and reconditioning of products.
• Return models, like buy-back discounts.
• Second use or second-hand options.
• Sharing or rental models.
• Product design focused on future waste avoidance.
• Collaboration with others to optimize raw material reuse during product design or after returns.
• Recycling.

Step 3: Develop a Strategy and Engage in Effective Content Marketing

All of this must be formulated with a clear understanding of your company’s current status, future prospects, transformation processes, and the business environment in which you operate. This is where we come in.

We are here to support you and meet you exactly where you are.

Together, we will analyze your industry specifics, your supply and sales markets—whether B2B, B2C, or B2G—your offline/online/marketplace sales channels, your products, services, and solutions, as well as your pipeline. We will work with you to develop your marketing goals and communication strategy within the context of your ongoing business and even during active change processes. This approach is agile and managed through simple facilitation processes, designed to alleviate, not burden, you.

We help you stay on course. If you want, we’ll involve your entire team—even the ones that don’t exist yet: employer branding is not just about employers; it’s about the brand too 😉

Let´s talk about it.

Learn more on https://www.nice-network.de/en/.

Recycling is the transformation of waste into reusable material.

Recycling begins at the end of a product’s life cycle – at the “get rid of it” stage. However, the circular economy starts at the very beginning to prevent waste and pollution from occurring in the first place. Given current environmental problems, recycling will not be enough to deal with the sheer volume of waste we produce.

Circular Economy aims to prevent waste from being created later in the first place.
Therefore, by its very nature, while “product destroying” recycling is important, extending life cycles in the sensible or upcycling models should be given at least equal consideration. In upcycling, used items are generally left intact and assembled into something new.

The prerequisite of recycling is that the previous product must be destroyed, usually physically or chemically broken down into its component parts, as far as that is possible at all. Especially in the case of composites, incineration (also called thermal recycling) or landfilling is often the only option. Examples are multilayer beverage or food packaging, which can only be separated in very few plants in the world.

Here you can see why the “basic approach” of the Circular Economy, to design products in such a way that they already have the optimum conditions for meaningful recycling, is so important.