EU Green Claims Directive: Preparing for 2027

EU Directive 2024/825 (EmpCo) is just the beginning. The planned Green Claims Directive (GCD) will impose even stricter requirements on the credibility of environmental statements in corporate communications from 2027. While EmpCo primarily prohibits generic claims and misleading information, the GCD aims for a more comprehensive review and verification of sustainability information.

The Current Status of the Green Claims Directive

The Green Claims Directive is currently (as of May 2026) in the final phase of negotiation. The draft COM(2023) 166 final provides that companies must have environmental claims verified by independent third parties before publication. It is important to emphasise that the final version and the exact date of entry into force have not yet been determined. However, it is advisable to engage with the planned content early on in order to be able to take measures in good time.

The Key Points of the Planned Directive

The GCD focuses on the transparency and verifiability of environmental claims. Key points include:

* **Verification obligation:** Environmental statements must be verified by independent, accredited bodies before publication. This applies to both explicit claims and implicit messages. * **Requirements for verifiers:** The accreditation of verifiers should be harmonised throughout the EU to ensure a uniform level of quality. * **Prohibition of misleading statements:** The GCD builds on the prohibitions of EmpCo and intensifies them. In particular, “greenwashing” practices such as the use of vague terms without concrete evidence will be pursued more consistently. * **Transparency obligation:** Companies must disclose the basis for their environmental claims, including the data, methods and assumptions used.

What Does the GCD Mean for Marketing Managers?

The GCD will have a significant impact on the work of marketing managers. The following points should be noted:

1. **Inventory:** Record all marketing materials that contain environmental claims. This includes website texts, brochures, advertisements, social media posts and product packaging. 2. **Review of statements:** Analyse the statements made in terms of their accuracy and verifiability. Can they be substantiated by recognised certificates or scientific data? 3. **Use certificates:** Rely on recognised certificates such as EU-Bio, Demeter, FSC or Bluesign to support your environmental claims. These offer a high level of credibility and facilitate verification. 4. **Prepare for verification:** Build relationships with accredited verification bodies at an early stage. Clarify the requirements and costs of verification. 5. **Clear communication:** Formulate your environmental claims clearly, precisely and comprehensibly. Avoid vague terms and exaggerations.

Legal Risks and Judgments

Violations of the GCD can be punished with substantial fines. Even now, judgments such as that of the Bundesgerichtshof (BGH, German Federal Court of Justice) (I ZR 98/23) of 27 June 2024 in the Katjes case show that misleading information on climate neutrality will not be tolerated. Courts have also criticised the use of unspecific sustainability terms under Section 5 UWG and the EmpCo Directive (EU 2024/825). It is to be expected that the courts will consistently enforce the requirements of the GCD.

Practical Recommendations

Preparing for the Green Claims Directive is a long-term process. Start now by analysing your marketing materials and adapting your communication strategy. Invest in recognised certificates and build relationships with accredited verification bodies. Only in this way can you ensure that your environmental claims are credible, legally sound and future-proof. Early compliance with the GCD is not only a legal obligation, but also an opportunity to win the trust of consumers and position yourself as a responsible company.