Telecommunications: Greenwashing Risk 2026
The telecommunications industry faces particular challenges from 27 September 2026 onwards due to EU Directive 2024/825 (EmpCo) and the UWG. In particular, the areas of hosting, data centres and energy supply are at risk of warning letters. The high energy consumption of data centres and network infrastructure makes credible sustainability communication essential, whilst at the same time inaccurate or misleading advertising carries a significant risk. The BGH judgement of 27 June 2024 (I ZR 98/23 – Katjes) clarified that claims such as "climate-neutral" without detailed disclosure of the calculation basis and offsetting measures are misleading. This also applies analogously to the telecommunications industry. The EmpCo Directive tightens this further by prohibiting per se the suggestion of "climate-neutral" through offsetting (Anhang I Nr. 4a UCPD). Typical greenwashing cases in telecommunications include imprecise information on the electricity mix in the data centre, the use of the term "green hosting" without certification, or the claim of "CO2-neutral telephony" exclusively through CO2 offsetting. From 2026 onwards, such statements will only be permissible with transparent data and recognised certificates. Companies must rely on concrete facts, measurable results and independent audits in order to avoid warning letters and gain customer trust. Transparent communication of the energy efficiency of network infrastructure and the promotion of sustainable devices are also crucial.
Typical claims in Telecommunications
- „green hosting"
- „climate-neutral telephony"
- „CO2-neutral data centre"
- „energy-efficient networks"
- „sustainable devices"
Concrete examples (red/amber)
- "Green data centre" without specific information on the electricity mix or PUE value.
- "Climate-neutral internet connection" exclusively through CO2 offsetting.
- "Sustainable smartphones" without information on raw material sourcing or recycling programmes.
EmpCo-compliant alternatives
Recommendations
- Demonstrate EKOenergy certificate for the data centre's electricity procurement.
- Publish the data centre's PUE value (Power Usage Effectiveness) transparently and continuously improve it.
- Implement ISO 14001 certification for the data centre's environmental management system.
- When procuring devices, pay attention to longevity, repairability and recyclability.
- Provide specific information on the energy efficiency of the network infrastructure (e.g. share of renewable energies).
Recognised certificates
Relevant court rulings
Frequently asked questions
May I continue to advertise with "CO2-neutral"?
No, pursuant to EmpCo Anhang I Nr. 4a, the claim "CO2-neutral" with offsetting is prohibited per se. Instead, you must communicate concrete reduction targets and measures.
What is an acceptable PUE value for a data centre?
A PUE value below 1.5 is considered good, below 1.3 as very good. The value should be published transparently and continuously improved.