Who does EmpCo apply to?
Any business — EU-based or not — that markets, advertises or sells goods or services to consumers in the EU, online or offline, with no size threshold.
Any business — EU-based or not — that markets, advertises or sells goods or services to consumers in the EU, online or offline, with no size threshold.
B2C only — but very broad within that. Because EmpCo amends the UCPD and CRD, it covers business-to-consumer commercial practices. Pure B2B is outside the directive (though Germany, Italy and Denmark apply analogous standards under unfair-competition law).
Extraterritorial reach. A US, UK, Asian or Swiss seller using a website, marketplace listing or ad campaign to reach EU shoppers is fully within EmpCo's reach as of 27 September 2026.
Channel-agnostic. Packaging and labels, in-store signage, print/TV/radio/outdoor ads, brand websites, e-commerce pages, marketplaces (Amazon, Zalando, eBay), social media (organic and paid), influencers, email, even brand and product names ("EcoPure") and visual cues (leaves, water drops, planet imagery in commercial context).
No size thresholds. A small artisanal soap brand and Unilever face the same evidentiary standards. Online marketplaces are also affected when they offer environmental product comparisons (amended UCPD Article 7).
Full harmonisation, national flavour. Substantively uniform across all 27 Member States, but each writes its own transposing law (Germany's UWG, Italy's Consumer Code, France's Code de la consommation, Ireland's Consumer Protection Act). Penalties and enforcement intensity differ — Germany, France and the Netherlands are historically the most aggressive. The directive is also EEA-relevant.
Citations: UCPD (2005/29/EC) Articles 2(b), 3; EmpCo Article 1; Commission FAQ Q1.