Climate neutral is history: how to communicate your carbon footprint under EmpCo

Carbon footprint done, emissions reduced, maybe even climate projects supported: if you’re making progress on climate action, you want to talk about it. Since September 27, 2026, however, much stricter rules apply.

With the transposition of the EU directive “Empowering Consumers for the Green Transition” (EmpCo) into German competition law, blanket terms such as “climate neutral” are no longer permitted in many cases. The good news: if you have a solid carbon footprint, you have exactly what the new rules demand – verifiable numbers.

This article shows what no longer works, what still works and how to phrase your results so they convince and hold up legally.

What has changed since September 27, 2026

Germany transposed the EmpCo Directive (EU) 2024/825 through an amendment to the Act Against Unfair Competition (UWG). The new rules have applied since September 27, 2026; there is no general transition period.

At its core, the law introduces four terms you should know:

• Environmental claim: any voluntary statement or representation in advertising that conveys a positive, zero or reduced environmental impact. This includes images, symbols and brand names.
• Generic environmental claim: an environmental claim whose specification is not presented clearly and prominently on the same medium. Typical examples: “environmentally friendly,” “sustainable,” “climate friendly” without explanation.
• Recognized excellent environmental performance: performance demonstrated, for example, by the EU Ecolabel or the Blue Angel.
• Sustainability labels: voluntary seals and quality marks. They are now only permitted if they are based on a certification scheme or have been established by public authorities.

Even before that, the Federal Court of Justice (BGH) had set the bar high. In a ruling of June 27, 2024 (Az. I ZR 98/23), it decided that advertising with “climate neutral” must explain in the ad itself whether emissions are reduced or merely offset. A reference to a website was not enough.

What no longer works

Toward consumers, the following claims are now always prohibited. They are on the so-called “blacklist” in the annex to the UWG; there is no case-by-case assessment.

• “Climate neutral” through offsetting (Nr. 4c): the claim that a product has a neutral, reduced or positive climate impact thanks to purchased credits. The EU directive cites as examples “climate neutral,” “CO₂ neutral certified,” “CO₂ positive,” “climate compensated” and “reduced CO₂ footprint.”
• Generic environmental claims without proof (Nr. 4a): “environmentally friendly” or “sustainable” without a concrete explanation in the same medium and without recognized excellent environmental performance.
• The whole for a part (Nr. 4b): an environmental claim about the entire product or company that actually concerns only one aspect, such as the green electricity in the office.
• Own labels (Nr. 2a): self-designed badges or quality marks with no certification scheme behind them.
• Requirements as extras (Nr. 10a): presenting legal requirements that apply to everyone as a distinctive feature of your own offering.

On top of that come future pledges such as “climate neutral by 2030.” Toward consumers, under § 5 Abs. 3 Nr. 4 UWG, they are considered misleading if there is no detailed, realistic implementation plan with measurable, time-bound targets. In addition, this plan must be reviewed regularly by an independent external expert, and the results must be accessible to consumers.

Company-level claims such as “We are a climate-neutral company”: Nr. 4c refers to products. Company-level claims therefore don’t automatically fall under it. However, they are measured against Nr. 4a and the general ban on misleading practices – and, according to BGH case law, must explain in the same medium what is meant. Without a concrete explanation, the blanket claim is therefore very risky.

What still works: concrete, verifiable, comparable

The new rules don’t prohibit talking about climate action. They require you to say exactly what you’ve achieved – and to be able to prove it. This is exactly where your carbon footprint shows its strength.

• Concrete, measured reductions. A claim such as “Scope 1 and Scope 2 emissions reduced by [X] percent in [2025] compared with [2023]” is possible if there is a robust calculation behind it. State the base year, scope (which Scopes, which sites) and method. Comparisons must be based on the same method and the same assumptions.
• Facts about individual aspects. “Our plant in [location] has sourced 100 percent of its electricity from renewable energy since [year]” is a precise, verifiable claim about a clearly named part.
• Your commitment to climate projects. You can continue to report on investments in climate projects, as long as this is done transparently and is not misleading. What matters: the financing is a contribution – not a reduction of your own emissions and not a free pass for “climate neutral.”
• Recognized ecolabels. If you carry the EU Ecolabel or the Blue Angel, you can rely on it, as far as the label’s criteria cover the claim.

The rule of thumb: the more concrete, measurable and narrowly defined the claim, the safer it is.

Before and after: how to rephrase

The numbers in square brackets are placeholders – insert your own verified values there.

What applies in B2B

“We only sell to businesses, so this doesn’t affect us” – that logic only half works.

It’s true that the blacklist only applies toward consumers, as does the rule on future pledges in § 5 Abs. 3 Nr. 4 UWG. However, the general ban on misleading practices in § 5 UWG protects all market participants, including business customers. And the BGH ruling on “climate neutral” concerned an ad in a trade journal for the food industry. According to the BGH, its readers understand the term no differently than consumers do.

On top of that, your website and your LinkedIn profile aren’t read only by buyers. If you advertise there with a blanket “climate neutral,” you quickly reach consumers too – and with them, the strict rules.

Our advice: use the consumer rules as the benchmark for everything public. That’s the simplest and safest approach.

Checklist before publishing

• ☐ The claim is concrete: what, how much, over what period, for which part of the company or product.
• ☐ The explanation is in the same medium and clearly visible, not just behind a link.
• ☐ Every reduction claim is based on emissions that were actually reduced, not on purchased credits.
• ☐ Every number is backed by the carbon footprint, including base year and method.
• ☐ For future targets, there is an implementation plan with measurable interim targets and an external review.
• ☐ Labels and badges are backed by a certification scheme or a public authority.
• ☐ Legal obligations are not presented as a distinctive feature of the offering.
• ☐ Older content has been checked: website, brochures, social media profiles, proposal templates, email signatures.

Conclusion

“Climate neutral” as a buzzword has had its day. What remains is the stronger story: real numbers, real reductions, honestly put into context. The foundation for that is a solid carbon footprint.

At today.green, we build your carbon footprint according to the GHG Protocol together with you, with software and personal guidance. That way, you have reliable numbers for your communication – and know where to start.

This article provides an overview and does not replace legal advice. For specific advertising claims, we recommend a review by a lawyer specializing in competition law.