In brief
The Hungarian implementation of Directive (EU) 2024/825 of the European Parliament and of the Council (“EmpCo Directive”) introduces new consumer protection rules for commercial communications relating to environmental effects or sustainability, and claims on the durability and reparability of products. In line with the EmpCo Directive, Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (“UCP Act”) has been amended.
The amendments aim to ensure that consumers encounter objective, substantiated commercial claims on the basis of which they can make informed decisions on sustainable consumption.
The Hungarian rules implementing the EmpCo Directive entered into force on 27 September 2026 and are already applicable.
Who is affected by the changes?
The new consumer protection rules apply to all sectors, from online and traditional retail through the automotive industry to the pharmaceutical and construction industries.
The rules apply to all undertakings that engage in commercial practices aimed at promoting the sale of their products or services (e.g., advertisement or commercial communications displayed on product packaging).
In more detail
The central element of the new rules is that the annex to the UCP Act, which lists the so-called “blacklisted” commercial practices deemed unfair in all circumstances, has been supplemented with 12 new practices. Under the new blacklisted practices, it is prohibited, among other things, to:
- Make a generic environmental claim (e.g., “environmentally friendly”, “sustainable” or “green”) where the undertaking cannot demonstrate the product’s or the business’s “recognised excellent environmental performance”, which is possible only under a very strict set of criteria;
- Display a sustainability label relating to the environmental or social characteristics of either the product or the undertaking where the label is not based on a certification scheme or established by a public authority;
- Claim, based solely on carbon offsetting, that a product is carbon neutral or has a reduced or positive impact on the environment;
- Present compliance with a statutory obligation as a distinctive feature of the product;
- Make unsubstantiated or misleading claims about a product’s durability or reparability, or conceal features causing planned obsolescence (premature wear and tear); and
- Present software updates in a misleading manner, or unduly induce consumers to replace consumables earlier than is technically necessary.
Based on the authority’s assessment, other conduct may also be considered misleading, including:
- Claims relating to a product’s environmental or social characteristics that cannot be substantiated.
- Claims regarding future environmental performance that are not supported by a publicly available and regularly audited implementation plan.
- Emphasizing a benefit that is irrelevant to the product or service concerned (e.g., gluten-free water).
Overall, the rules require all claims relating to environmental protection, sustainability or durability to be supported by genuine, objective evidence. The rules may apply to products and services, as well as to the undertaking or brand itself.
Infringements may result in serious sanctions
Compliance with the new rules is enforced by the government office acting as the consumer protection authority or, if economic competition is substantially affected, by the Hungarian Competition Authority. Infringements may be subject to a competition supervision fine under the Competition Act (up to 13% of the affected undertaking’s net turnover from the previous year).
The Hungarian Competition Authority has been particularly active in recent years in investigating unsubstantiated green claims, and this enforcement activity is expected to increase further under the new rules. In a press release, the authority emphasized that undertakings must comply with all new provisions from 27 September 2026.
What should affected businesses pay attention to?
- Undertakings should review and, where necessary, update their marketing materials and the messages displayed on product packaging to ensure that they comply with the new requirements.
- It is particularly important to review commercial communications published on online platforms, as consumer protection authorities may take into account that these can be updated more quickly.
- According to enforcement practice, an undertaking is not exempt from liability merely because an advertisement was published not directly by the undertaking but, for example, by a contracted marketing agency or influencer.