The European “Empowering Consumers” Directive (EU) 2024/825 (“EmpCo Directive”) is primarily known for its stricter rules against greenwashing. Less attention has so far been paid to an amendment that will affect mostly every online retailer: from 27 September 2026, retailers must display a standardised, prominently presented notice on their websites informing consumers about their statutory legal guarantee rights. Certain voluntary commercial warranties of durability provided by manufacturers will require an additional label. Online retailers should therefore adapt their shops from both a technical and content perspective in good time.
What does the EmpCo Directive change?
In addition to the Unfair Commercial Practices Directive, the EmpCo Directive amends the Consumer Rights Directive 2011/83/EU. Its scope therefore extends beyond the prohibition of misleading environmental claims. In future, consumers should be better able to understand the rights available to them if goods are defective and whether the manufacturer additionally provides a warranty covering the product’s durability. Two instruments are being introduced for this purpose:
- a harmonised notice concerning the statutory legal guarantee; and
- a harmonised label for certain commercial warranties of durability provided by manufacturers, which is required only under specific conditions.
General Notice concerning legal guarantee on retailer’s website
In future, online retailers must inform consumers, in a prominent manner, about the existence and main elements of the statutory legal guarantee. This includes, in particular, information about its minimum duration of two years.
Retailers may not use wording of their own choosing for this purpose. Instead, they must use a harmonised notice prescribed by the European Commission. Its elements may not be altered. Where contracts are concluded through an online interface, the notice must also be displayed in colour.
Of particular relevance to online shops is that the notice should not merely be hidden in the general terms and conditions or in a general help section. Under the EmpCo Directive, it is to appear as a general reminder on the retailer’s website in case of online sales. The key requirement is that it must be presented clearly, prominently and in a way that consumers can readily perceive before entering into a contract.
Additional label for commercial warranties of durability
A further information obligation arises where the manufacturer:
- provides a commercial warranty of durability covering the entire product;
- does not charge any additional costs for it;
- provides the warranty for more than two years; and
- makes the relevant information available to the retailer.
Where these conditions are met, the retailer must inform consumers about the existence and duration of the commercial warranty and must use the harmonised label for this purpose. The label also makes clear that the statutory legal guarantee continues to apply alongside the commercial warranty.
In an online shop, the label must be clearly associated with the relevant product. The EmpCo Directive cites placement directly next to the product image as one possible option. The label may also be displayed in a collapsed format, provided that the full label appears after a single click, mouseover or tap.
Legal guarantees and commercial warranties must be kept distinct
The new presentation requirement is also intended to address a common misunderstanding. The statutory legal guarantee and a commercial warranty are legally separate concepts. In general, the seller is liable for consumers’ statutory remedies in respect of defective goods. A commercial warranty, by contrast, is an additional voluntary commitment given, for example, by the manufacturer, and may not restrict consumers’ statutory rights.
Retailers should therefore not only implement the new notices from a technical perspective, but also review their product descriptions, warranty information and service sections to ensure that the terminology is clearly distinguished.
Further new product information
The Directive also expands pre-contractual information requirements in other areas. Depending on the product, retailers may in future also be required to provide information including:
- the minimum period during which software updates will be provided for goods with digital elements;
- the availability and estimated cost of certain spare parts;
- any existing restrictions on repairs etc.
Some of these obligations apply only if the manufacturer or provider makes the relevant information available to the retailer. Retailers will therefore need to adapt their product data processes and their communications with suppliers.
What should online retailers do now?
The new requirements under the EmpCo Directive will apply from 27 September 2026. Online retailers should review the following points in particular:
- Implement the legal guarantee notice: Plan for a prominent, coloured notice concerning the statutory legal guarantee on the shop website.
- Expand product data: Record whether manufacturers provide a free commercial warranty of durability covering the entire product for more than two years.
- Display the label for the relevant products only: Ensure that the commercial warranty label is displayed only for products that actually meet the requirements and that it is clearly assigned to the product concerned.
- Review the checkout process: For contracts concluded electronically, information about an applicable commercial warranty of durability is among the information that must be brought clearly and prominently to the consumer’s attention again immediately before the order is placed.
- Involve manufacturers and suppliers: Add requests for information about warranty periods, software updates, repairability and spare parts.
- Use terminology consistently: Clearly distinguish between the statutory legal guarantee and voluntary commercial warranties in product descriptions, general terms and conditions, and service sections.
- Test the presentation: Review the implementation on mobile devices as well and ensure compliance with the applicable accessibility requirements.
The new requirements involve more than simply adding information to the legal notices in a website footer. They affect product pages, product data management and, in some cases, the ordering process. Retailers with extensive product ranges, in particular, should determine at an early stage which manufacturer information is already available in a structured format and how the labels can be displayed automatically based on predefined rules.
The EmpCo Directive therefore does more than change the rules governing sustainability-related advertising. It also makes statutory consumer rights and voluntary durability warranties more visible. For online retailers, this means additional implementation work. At the same time, clearly presented information about the legal guarantee, repairability and durability offers an opportunity to highlight the quality of individual products in a transparent manner.
Do you have any questions about implementing the new information requirements or integrating the harmonised notices into your online shop? Please contact us.
