From 27 September, your sustainability claim isn't marketing anymore, it is legal evidence
There's a date worth putting in your diary: 27 September 2026. From that day, the EmpCo Directive (Empowering Consumers for the Green Transition) becomes binding for every business that sells products or services to EU consumers regardless of where that business is based. No transition period, no grace window. From day one, claims like "sustainable," "climate neutral" or "environmentally friendly" need to be substantiated, or they simply can't be used at all.
What EmpCo actually does EmpCo amends two existing pieces of EU law: the Unfair Commercial Practices Directive and the Consumer Rights Directive. The core principle is simple: a sustainability claim is only allowed if it's specific, verifiable and backed by evidence. Generic terms like "eco" or "green" without substantiation will be banned. Claims based purely on carbon offsetting "climate neutral thanks to offsetting" will no longer be allowed. Self-created sustainability labels, dreamed up in-house without independent certification, also fall under the new rules.
Why this is urgent now?
Plenty of businesses still assume this is a problem for the big brands, or that there's still time. Both are wrong. EmpCo applies to every business communicating with EU consumers, from a single webshop to a multinational. And the deadline is closer than it feels: member states were already required to transpose the directive into national law by 27 March 2026, and from 27 September 2026 it will actually be enforced.
Anyone still starting on substantiated claims by then is already too late. We've written before about how this kind of pressure plays out in practice, see: how luxury brands only cleaned up their supply chains once a court forced them to. Under EmpCo, you don't need to wait for a lawsuit: the Dutch Authority for Consumers and Markets (ACM) is already actively enforcing against misleading claims, so the enforcement pathway is already in place. This is already happening, before EmpCo is even binding If this still sounds like a future problem, look at cruise operator Captain Cruise. Following research by the Dutch Consumers' Association, the ACM challenged the company over unsubstantiated sustainability claims such as "responsible," "sustainable cruising" and "environmentally friendly trip” terms that made a cruise look more sustainable than it actually was.
The company removed the claims immediately, and renamed its "sustainable cruising" page to the more neutral "cruising and the environment." This case shows exactly where EmpCo raises the bar further. Right now, the ACM can already intervene under existing rules against misleading advertising. From 27 September, an explicit legal ban is added on top: generic terms like "conscious," "sustainable" and "responsible" without concrete substantiation simply won't be allowed anymore, regardless of sector. Captain Cruise isn't an isolated incident, it's a preview of what awaits any business with vague claims on its website, only without the ACM needing to knock first. Want to know more about how the ACM views sustainability? The regulator isn't just strict on misleading claims it also actively supports businesses genuinely collaborating on sustainability. See, for example how the ACM gave the green light to a sustainable collaboration in the maritime sector
What this actually means for your communications
Every sustainability claim needs to be demonstrable and specific "good for the environment" won't cut it anymore; "30% less CO2 per product compared with 2022, verified by external parties will.
- Your own labels and seals need to be based on a recognised certification scheme, not a self-designed green logo.
- Forward-looking promises ("climate neutral by 2030") need to be backed by a concrete, externally verified implementation plan.
- This isn't limited to packaging and adverts. it covers your entire B2C communication: website, social media, product pages.
Reliable data is the foundation
The good news: the better your ESG data is, the easier EmpCo compliance becomes. Claims backed by a Scope 1-2-3 carbon analysis or a VSME report are exactly the kind of concrete, verifiable information the directive asks for. It's also exactly why we're seeing so many clients get their ESG data in order right now, not because an investor is asking for it, but because the law is. At Eevery, we make sure the underlying data holds up CO2 figures, VSME reporting, evidence behind each claim. But data alone doesn't make a compelling story, and a compelling story without evidence won't survive scrutiny under the new rules. That's exactly where Wisse Kommunikatie comes in: they translate substantiated data into communication that fits your brand. That's why we're running a webinar together. Webinar: Sustainability communication & EmpCo on 3 September, on sustainability communication and the new EU EmpCo directive. We'll cover:
• why sustainability communication is becoming ever more important
• what EmpCo means for sustainability claims
• how to make claims concrete, verifiable and credible
• the risks organisations run with under-substantiated communication
• and how reliable ESG data can form the basis of a strong sustainability story
The webinar: sustainability communication and the EmpCo
When: 3 September, 12:00-13:00
Where: Online webinar
Register here: https://lnkd.in/eXsEhibX
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