Published on 21st August 2026
Starting on 27 September 2026, ‘Sustainable’, ‘climate-neutral’ or ‘environmentally friendly’ are terms companies will no longer be able to simply use in marketing. Or at least not unfounded and with impunity. The rules of the EmpCo Directive (Empowering Consumers for the Green Transition, formally Directive (EU) 2024/825) will take effect at that time. This directive applies to every company that offers products or services to consumers in the EU, regardless of where the company is established.
This means that from that moment on, sustainability claims must be well-substantiated; companies must therefore be able to demonstrate that what they communicate is actually true. If that substantiation is lacking, the claim simply may not be made.
EmpCo is amending two existing European laws, namely the Unfair Commercial Practices Directive and the Consumer Rights Directive. The core is simple: a sustainability claim is only permitted if it is specific, verifiable, and substantiated. Generic terms such as ‘eco’ or ‘green’ without substantiation will soon be prohibited. Claims based solely on carbon offsetting, such as ‘climate neutral thanks to offsetting’, will also no longer be allowed, and proprietary sustainability labels—those devised by the company itself without independent certification—will soon fall under the new regulations.
Many companies do not yet feel the urgency surrounding EmpCo, even though the directive applies to every company that communicates with consumers in the EU, from small webshops to multinationals. And while the deadline is fast approaching. Member states were required to transpose EmpCo into national law by 27 March 2026 at the latest, and the new rules will actually apply from 27 September 2026. Companies that still need to start substantiating and adjusting their claims by then will be too late.
We have previously written about how such pressure can lead to change in practice. For example, read our blog about how luxury brands only tackled their supply chains when the court forced them to do so. With EmpCo, however, companies do not have to wait for a lawsuit first. The Netherlands Authority for Consumers and Markets (ACM) is already actively taking action against misleading claims. The basis for enforcement is therefore already in place.
The deadline may seem tight, but companies that already have their ESG data well in order are also quite well prepared for EmpCo. A Scope 1, 2, or 3 CO₂ analysis or a VSME report, for example, help to substantiate sustainability claims with concrete and verifiable information.
The law therefore revolves not only around figures and reports, but also, and perhaps more importantly, around the way sustainability claims ultimately end up on a website or in advertisements. This is precisely where Eevery and your communications agency complement each other. Eevery provides a solid foundation: reliable CO₂ figures, supporting evidence, and sound substantiation. PR firms like Wisse Kommunikatie subsequently translates those facts into clear and engaging communication for the client, the job applicant, the supply chain partner, the employee, and the investor.
Both the numbers and the language are necessary. A strong sustainability claim without sufficient evidence carries risks, while well-substantiated ESG data has little effect if you cannot clearly convey the accompanying story. By bringing data and communication together, companies can make sustainability claims that are both convincing and demonstrably substantiated.
Sustainability is increasingly high on the agenda. But how do you ensure that your sustainability communication is not only persuasive, but also factually accurate and legally sound?
On September 3, together with Eevery, we are organizing a webinar on sustainability communication and the new European EmpCo directive.
We discuss, among other things:
Would you be interested in participating? You are most welcome! Registration for the event on September 3.
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