On 19 February 2026, the German Third Act Amending the Act against Unfair Competition (UWG) was published in the German Federal Law Gazette, transposing the Empowering Consumers Directive (EU) 2024/825 into German law. From 27 September 2026, stricter rules on environmental and sustainability claims will apply — including in the e-commerce sector. This article summarises the key new provisions. The most practically relevant change for online retail is new No. 23d of the Annex, which addresses software updates, durability and repairability. We also provide an overview of additional requirements concerning product descriptions, advertisements, filter categories, certification marks and claims.
Misleading statements on software updates, durability and repairability
The most significant new provision for e-commerce is No. 23d of the amended Annex. It covers virtually all physical goods as well as all products with software components — from smartphones and washing machines to connected thermostats. Seven types of conduct are now deemed unlawful per se:
Concealing adverse effects of updates
It is prohibited to withhold information about a software update that will adversely affect the functioning of goods with digital elements or the use of digital content or services. Where a manufacturer's update is known to restrict compatibility with certain accessories or to degrade performance, this must be transparently communicated on the product page or in the update notes.
Presenting updates as "necessary"
Presenting a software update as necessary is prohibited where the update merely enhances functionality features and is not required for security or to maintain conformity with the contract. Online shops must clearly distinguish between security updates (necessary) and feature updates (optional).
Planned obsolescence
Any commercial practice relating to goods with a built-in limitation on durability is prohibited — provided the trader is aware of it. This extends well beyond a mere advertising ban: listing, offering and presenting such products in online shops and on marketplaces is likewise prohibited. Manufacturing and warehousing remain permissible, but as soon as the product is presented to consumers in any form, the prohibition applies. For the e-commerce sector, this effectively constitutes a complete ban on the marketing of goods with planned obsolescence.
False durability claims
Falsely claiming that goods will withstand a certain period of use or intensity under normal conditions is unlawful per se. Any trader advertising specific lifespan or cycle figures on product pages must be able to substantiate those claims.
False repairability claims
Presenting goods as repairable constitutes a per se infringement where the goods are not in fact repairable — spare parts must be available and repairs must be practically feasible.
Premature replacement of consumables
Consumers must not be induced to replace consumables earlier than technically necessary. This covers, for example, printer ink warnings, filter replacement indicators or battery notifications that suggest premature replacement.
Concealing compatibility with third-party accessories
Information about functional limitations when using third-party accessories must not be withheld. Likewise, it is prohibited to falsely claim that such accessories are incompatible. The widespread practice of presenting only original accessories as "compatible" will constitute a per se infringement.
Environmental claims and sustainability labels — overview
In addition to No. 23d, the amendment tightens the requirements for environmental and sustainability claims: generic terms such as "environmentally friendly" or "climate neutral" are prohibited without evidence of a recognised environmental performance standard (e.g. EU Ecolabel, Blue Angel) (No. 4a of the amended Annex). Proprietary sustainability labels without independent certification are likewise unlawful (No. 2a, amended). Product-related carbon offsetting claims based solely on offsetting are prohibited (No. 4c, amended). Claims relating to future environmental performance require a publicly accessible implementation plan subject to independent review (section 5(3) no. 4 UWG, amended).
What this means in detail for your product pages, advertisements and sustainability communications will be addressed in our separate article on the new requirements for environmental claims.
Entry into Force and Transitional Periods
The new rules enter into force on 27 September 2026 — including for products already in the range. There is no general sell-off period. Infringements may result in fines of up to 4% of annual turnover (section 19(3) UWG, amended). Where online presences or labels cannot be adapted in time, supplementary notices or stickers may serve as an interim solution.
Webinar — 11 March 2026, 11:00 to 11:30 (CET)
We invite you to our 30-minute webinar in German: using concrete product page examples, we will show you which claims need to be removed immediately, how to formulate durability and repairability statements in a legally compliant manner, and what transitional solutions are available for existing product ranges.
Register here (German only).
