In recent months, there has been much talk about new EU regulations concerning greenwashing, i.e. misleading environmental claims directed at consumers. This primarily refers to Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024, commonly known as the EMPCO Directive. This acronym refers to an EU reform aimed at strengthening consumers’ position in the green transition through better protection against unfair commercial practices and improved information provision.
In Poland, the implementation of this directive is to be facilitated by draft legislation numbered UC111 – a government bill primarily amending the regulations on combating unfair market practices and the Consumer Rights Act.
What does the EMPCO Directive regulate – it’s not just about greenwashing
Most often, the new regulations are presented solely as a response to greenwashing. However, this is only part of the changes. Admittedly, the regulations are intended to limit the use of vague or unsubstantiated environmental claims, but they also cover a range of other issues. These include, amongst other things, communicating the social attributes of a product or company, the durability and reparability of products, rules on the use of labels and certificates, as well as how consumers are informed about software updates and their effects.
Why should the IT and game development sectors take note of the new regulations?
It is precisely these less publicised aspects that can be of great significance to technology companies, software houses, app developers and game development studios. The regulations do not apply solely to ‘green’ marketing slogans – they may also cover communications regarding the functionality of a digital product, changes to the application, compatibility, the end of support for specific versions, and even whether a given update is actually necessary or merely presented to the user as ‘essential’.
In practice, this means the issue must be viewed more broadly than simply through the lens of environmental claims. A risk may also arise if a business fails to inform the user that an update may impair the app’s performance, increase battery consumption, limit the availability of certain features, or affect compatibility. It will also be important whether the update is communicated as mandatory or necessary, even though in reality it serves only to improve user convenience or add new features.
Digital products and services covered by the new regulations
The significance of these changes for the technology sector stems not from the fact that the legislator has drafted separate regulations exclusively for this industry, but from the fact that the new provisions cover consumer relations concerning digital content and digital services. In practice, therefore, they may apply not only to websites and advertisements, but also to app stores, game descriptions, messages in the launcher, newsletters, push notifications, patch notes, information on functional changes, and the terms of use for user accounts.
Deadlines and obligations – what comes into force and when?
It is also worth bearing the timetable in mind. The EU directive itself has already entered into force, whilst Member States are required to transpose it into their national legal systems by 27 March 2026. The new national regulations should apply from 27 September 2026. In Poland, the implementation process is still ongoing – draft UC111 remains at the legislative stage.
The controversy surrounding the UC111 project
However, the Polish draft has sparked considerable controversy. During the consultation process, experts, industry organisations and businesses pointed out that some of the proposed measures are more stringent than the EU directive itself or could lead to ambiguities in interpretation. Attention was drawn, amongst other things, to the definition of the term ‘independent expert’, the scope of certification schemes, the lack of full consistency between certain definitions and existing consumer law, and the practical difficulties in applying the new obligations in the digital environment and e-commerce.
How can you prepare your company for its new responsibilities?
With all this in mind, it is worth taking action today – not only from a marketing perspective, but also in terms of product development and operations. For some companies, this will mean reviewing their environmental and social communications. For others, particularly those in the IT and game development sectors, it may be more important to streamline the rules for informing consumers about updates, changes to functionality, compatibility and the product’s support period.
In short, this represents a much broader shift in consumer communication policies than the fight against greenwashing alone, encompassing digital products and services – areas that are crucial to the entire technology sector.
If you believe your company may require a consumer communication audit or support in implementing the requirements of the EMPCO Directive, please do not hesitate to contact us.
