Mind the Label – What the EmpCo Directive Means for B2C Sales of Goods in the EU

The European Union has overhauled its consumer protection framework. In early 2024, it adopted the Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825, the “EmpCo Directive”), which amends both the Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU).

The reform is intended to enable consumers to make more informed and sustainable purchasing decisions while effectively curbing misleading or vague environmental claims (read more on this topic here). Alongside new rules on green claims and early obsolescence, the EmpCo Directive introduces EU-wide, standardised pre-contractual information duties for the sale of goods to consumers.

To operationalise these duties, on 25 September 2025 the European Commission adopted Implementing Regulation (EU) 2025/1960 (the “Regulation”). It lays down the binding design and content of:

• a harmonised notice on the legal guarantee of conformity; and
• where applicable, a harmonised label for the commercial guarantee of durability.

Both instruments apply in store and online and, in practice, cover almost all physical goods sold B2C.

Member States must transpose the EmpCo Directive into national law by 27 September 2026. In Germany, the Federal Government has already presented, on 3 September 2025, the Draft Act to Amend Consumer Contract, Insurance Contract and Treatment Contract Law, which anchors the new obligations in Articles 246 and 246a EGBGB and closely mirrors the Directive's substance.

Taken together, these measures enhance transparency in consumer sales, make existing statutory rights more visible, and ensure that durability claims are backed by clear, verifiable commercial guarantees.

Who is affected?

The EmpCo Directive's requirements are cross-sectoral. All B2C retailers-ranging from electronics and household goods to fashion, furniture and toys, as well as online marketplaces-must make the harmonised notice on the legal guarantee of conformity clearly available at the point of sale and in the online checkout.

Manufacturers and brand owners are affected in particular where they offer a commercial guarantee of durability of more than two years. In such cases, the harmonised label for the commercial guarantee of durability must be used and the information required for that label must be provided to retailers. In practice, this calls for close coordination between manufacturers and distribution partners.

Mandatory information at a glance

Harmonised notice on the legal guarantee of conformity

A core innovation of the EmpCo Directive is the harmonised notice on the legal guarantee of conformity. It must be presented prominently to consumers before they are bound by a contract and, in clear and comprehensible language, reminds them of their rights where goods are not conform.

The notice refers to the minimum two-year duration of the legal guarantee of conformity under Union law and clarifies that national law may provide for a longer duration. The Regulation fixes the design and wording of the notice, including a QR code linking to the Your Europe portal with further information. Substantive edits are not permitted.

In physical stores, the notice must be displayed as a clearly visible poster; online, it must appear in a prominent position and, where the contract is concluded through an online interface, it must be shown in colour. The notice also clearly distinguishes the legal guarantee of conformity from any additional commercial guarantees.

Harmonised label for the commercial guarantee of durability (GARAN)

The second pillar is the harmonised label for the commercial guarantee of durability-the “GARAN” label. It must be used where a producer offers, at no additional cost, a voluntary commercial guarantee of durability that:

• covers the entire good,
• has a duration of more than two years, and
• is provided without additional costs or conditions.

The label is language-neutral and includes, among other elements, the title “GARAN”, a tick-mark symbol indicating guaranteed durability, a calendar symbol and the duration of the guarantee in years, a visual reminder of the legal guarantee of conformity, and a QR code to additional information. Only the following fields may be edited: the duration in years (“XX”), the producer’s name (“Brand/Trademark”), and the “Model identifier”.

For physical sales, a minimum size of 95 × 100 mm applies. Online, the label must be displayed in colour; a nested display is permitted provided that the full label appears upon the user’s first interaction. The objective is to draw a clear, easily understood distinction between the legal guarantee of conformity and any voluntary commercial guarantee of durability.

Legal consequences of non-compliance

The EmpCo Directive’s requirements will be implemented in Member States as market conduct rules; infringements constitute unfair commercial practices. In Germany, businesses face in particular injunctive relief actions by competitors and consumer associations, regulatory measures in cases of widespread infringements, and significant reputational risks.

Because the content, format and placement of the harmonised notice and the GARAN label are strictly prescribed, compliance depends not only on using these instruments but on implementing them in the required form and within the applicable timelines across all physical and digital sales channels.

Practical implications and recommended steps by 27 September 2026

Businesses should start implementation early. Manufacturers should review and, where needed, adjust packaging, in-box materials and product pages to integrate the GARAN label in good time and in the required format. Retailers must ensure prominent placement of the harmonised notice at checkout and on product and checkout pages.

Products accompanied by a commercial guarantee of durability of more than two years should be systematically identified and correctly labelled. Sales, customer service and marketing teams should be trained to communicate the legal guarantee of conformity and the GARAN label accurately. Given the formal requirements for online presentation, timely adjustments to UX design, IT and content management will be needed. Close coordination between legal, marketing and product functions is critical to meet the Regulation’s strict layout and content specifications reliably.

Key takeaways

• New mandatory information from 27 September 2026: EU-wide, standardised pre-contractual information duties for B2C sales of goods apply both online and offline.
• Legal guarantee notice is obligatory: All B2C retailers must prominently inform consumers of the legal guarantee of conformity, using a non-editable template.
• GARAN label for guarantees over two years: Where a producer offers a commercial guarantee of durability of more than two years at no additional cost and covering the entire good, the harmonised label is mandatory.
• Formalities matter: Colour requirements, minimum size, placement and full visibility-especially online-are compulsory.
• Competition law exposure: Breaches may trigger warnings, regulatory measures and significant reputational harm.
• Act now: Manufacturers and retailers should audit products and guarantees, update packaging and online displays, and align internal processes ahead of the go-live date.