Greenwashing is not solely a matter of green advertising claims. With the transposition of EU Directive 2024/825 ("Empowering Consumers"), a second area comes into focus from 27 September 2026: product lifespan and reparability. The UWG (German Act Against Unfair Competition) gains new per se prohibitions against practices associated with planned obsolescence. These are flanked by the right to repair, which brings new information and warranty obligations.
Summary for the Time-Pressed
- New no. 23d of the blacklist (Annex to § 3 para. 3 UWG) prohibits seven categories of misleading statements concerning software updates, durability and reparability.
- These include, inter alia, "fake forced updates", concealed built-in obsolescence features and misrepresentations of reparability.
- Circularity aspects (durability, reparability, recyclability) will in future expressly constitute essential product characteristics (§ 5 para. 2 no. 1 UWG).
- The right to repair (Directive (EU) 2024/1799, implementation deadline 31 July 2026) introduces, inter alia, a repair obligation for certain product categories and an extension of the statutory warranty period upon repair.
Seven New Per Se Prohibitions (No. 23d)
The new no. 23d of the Annex to § 3 para. 3 UWG declares certain statements concerning software updates, durability and reparability to be always impermissible – without any individual assessment of misleadingness. It applies to goods within the meaning of § 241a para. 1 BGB and to goods with digital elements (§ 327a para. 3 BGB). The seven categories:
Software Updates
- (a) failing to disclose that a software update will have a negative effect on the functionality of the goods – transparency regarding performance degradation is required.
- (b) presenting an update as necessary when it merely improves functionality – a prohibition on "fake forced updates".
Durability
- (c) any commercial practice relating to goods with a durability-limiting feature ("built-in obsolescence feature") where the trader is aware of it but fails to disclose it.
- (d) the false claim that goods can be used under normal conditions for a specific period or with a specific intensity without impairment of functionality.
Reparability and Functionality
- (e) presenting goods as repairable when they are not.
- (f) inducing premature replacement of consumables, earlier than is technically necessary.
- (g) concealing or falsely claiming that functionality is impaired by the use of non-original parts (consumables, spare parts, accessories).
These prohibitions apply not only to classic advertising but also to product descriptions, user interfaces and update notices. Category (g) in particular is sensitive for manufacturers operating closed ecosystems.
Durability and Reparability as Essential Characteristics (§ 5 para. 2 no. 1)
Beyond the blacklist, the new § 5 para. 2 no. 1 UWG clarifies that ecological and social characteristics as well as circularity aspects – expressly including durability, reparability and recyclability – form part of the essential characteristics of goods. False or deceptive statements in this regard are therefore directly actionable as misleading.
Additionally, for comparison services (§ 5b para. 3a UWG): any operator of a service that compares products by ecological or social characteristics or circularity aspects must provide information on the comparison methodology, the products and suppliers compared, and the currency of data, as essential information.
New Information Obligations
The EmpCo transposition introduces additional pre-contractual information obligations:
- Minimum period for software updates: In the case of goods with digital elements, traders must provide information on the minimum period during which updates will be made available (Art. 246/246a EGBGB), insofar as the manufacturer makes such information available.
- Warranty and guarantee label: A harmonised label is intended to make the statutory warranty and voluntary guarantees immediately comprehensible to consumers at a glance.
The Right to Repair (Directive (EU) 2024/1799)
In parallel, the Directive on promoting the repair of goods must be transposed by 31 July 2026. Key developments:
- Lack of reparability may constitute a defect in the goods sold.
- Where the consumer opts for remedy by repair rather than replacement, the statutory warranty period is extended by 12 months (§ 475 para. 4 BGB-E).
- For certain product categories, a repair obligation also applies outside the warranty period (§§ 479a et seq. BGB-E) – including, inter alia, washing machines, dishwashers, refrigeration appliances, electronic displays, vacuum cleaners, servers and data storage devices, and mobile phones and tablets.
- New information obligations concerning the repair obligation and indicative prices for repair services (§ 479d BGB-E; voluntary repair information form, Art. 245 EGBGB-E).
What Businesses Should Do Now
Manufacturers and traders should review product communications and technical design together:
- Structure update communications so that performance degradation is disclosed and purely improvement-based updates are not presented as mandatory.
- Verify that statements on lifespan and reparability are substantiated; disclose any known durability-limiting features.
- Review notices on original versus third-party parts for compliance.
- Prepare for the repair obligations and information obligations under the right to repair – including processes for indicative prices and repair information forms.
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FAQ
What changes with regard to software updates?
Negative effects of an update must not be concealed, and purely improvement-based updates must not be presented as necessary. In addition, information must be provided on the minimum period during which updates will be made available.
Are "built-in obsolescence features" now prohibited?
What is prohibited is the concealment of a known durability-limiting feature. The decisive factor is the lack of transparency towards consumers, not the technical feature alone.
Which products are subject to the extended repair obligation?
These include, inter alia, washing machines, dishwashers, refrigeration appliances, electronic displays, vacuum cleaners, servers and data storage devices, and mobile phones and tablets.
From when do the rules apply?
The UWG prohibitions apply from 27 September 2026. The right to repair must be transposed by 31 July 2026.
