Legal

Changes

in 2026.

7. January 2026

from

Clemens Pfitzer

The new year also holds many legal changes in store. We present some of the legal changes in 2026. Companies should prepare themselves in good time.

A year of implementation: New obligations in IP and IT law

So far, 2026 will not bring any revolutionary new laws, but rather the widespread application of EU directives and regulations that have already been adopted. However, these are quite something.

For companies, this means that the time for preparation is running out. From fall 2026, far-reaching changes in competition law, IT law and e-commerce will take effect. Those who fail to act now risk cease and desist letters, fines and considerable economic disadvantages.

Competition law: Stricter rules against greenwashing from September

Probably the most drastic change concerns advertising with sustainability and environmental claims. Germany is transposing the EmpCo Directive into national law with the Third Act Amending the Unfair Competition Act.

Strict rules will apply from September 27, 2026 for:

General environmental statements

Terms such as “environmentally friendly”, “sustainable”, “green” or “climate neutral” will be banned in future unless companies can demonstrate “recognized environmental excellence”. What exactly does that mean? Essentially EU eco-labels such as the EU Ecolabel or the Blue Angel. Vague promises without substance will become a warning trap.

Sustainability label

Certification marks and sustainability labels are also under closer scrutiny. Seals are now only permitted if they are based on a transparent and credible certification system that is monitored by independent third parties. Self-developed seals without external control? Inadmissible in future as a matter of principle.

Particularly explosive: In its FAQs on the EmpCo Directive, the EU Commission has clarified that protected brand names such as “EcoClean” or “GreenFresh” can also be considered environmental claims. Trademark protection does not protect against scrutiny under competition law.

CO₂ compensation

Claims such as “climate-neutral thanks to CO₂ offsetting” will become inadmissible in future if they give the impression that the product itself has no or less of an environmental impact. Only genuine reductions in the product’s own value chain may be advertised.

Sanctions

Fines can amount to up to four percent of annual turnover. There is also the risk of warnings from competitors and consumer protection associations.

Recommended action: Companies should check all environmental claims, product designs and packaging and sustainability labels now at the latest and adapt them if necessary. The time until September is short, especially if certification systems still need to be set up. There is also no transition period for products manufactured before 27.09.2026, which means that product designs must be changed in advance.

Trademark law: Indirect effects through the EmpCo Directive

Even if there are no direct changes to trademark law, the EmpCo Directive has a significant impact on trademarks with an environmental reference. The EU Commission has made it clear: Trademark protection does not protect against scrutiny under competition law.

Trademarks such as “GreenTech”, “EcoFresh” or “KlimaNeutral” must meet the strict requirements for environmental claims – regardless of whether they are registered as trademarks. Otherwise, there is not only the threat of a cease and desist letter under competition law, but also the loss of trademark rights.

Recommended action: Companies should check their trademark rights now at the latest to see whether they may be affected by the EmpCo Directive and, if necessary, develop strategies to maintain these trademark rights or replace them with others. There is no transitional period for the validity of the EmpCo Directive for trademarks, so trademark owners should act promptly in order to be prepared for 27.09.2026.

AI regulation: Further parts of the AI Act to come on August 2, 2026

The other parts of the EU AI Regulation (AI Act) will apply directly in all EU member states from August 2, 2026, after parts have already come into force. Germany is currently implementing the implementing provisions – with the Federal Network Agency as the central coordinating body.

Risk-based approach

The AI Act distinguishes between four categories:

• Prohibited AI practices (already since February 2, 2025): Social scoring, emotion recognition in the workplace, certain biometric surveillance systems
• High-risk AI systems: Strict requirements for risk management, documentation, transparency and human oversight
• AI with transparency obligations: Users must be informed about the use of AI
• Minimal risks: No special requirements

Compliance requirements

Extensive obligations apply to high-risk AI systems:

• Risk assessment and risk mitigation systems
• High data quality to avoid discriminatory results
• Logging of all activities
• Comprehensive technical documentation
• Transparency towards users and authorities

Sanctions

Violations of the AI Regulation can be expensive:

• Up to 15 million euros or 3% of global annual turnover for violations of GPAI regulations
• Up to 7.5 million euros or 1.5% of global annual turnover for false statements to authorities

Recommended action: Companies should identify all AI systems in use, assess them according to risk classes and set up appropriate governance structures. The requirements are complex – early consultation is advisable.

E-commerce: New obligations for online retailers

There will also be several changes in online retail in 2026:

Revocation button from June 19, 2026

Online retailers must provide a clearly visible withdrawal button that is available at all times. Customers must be able to withdraw their order directly in the store – clearly recognizable and without detours. A reference to a contact form or an email address will no longer be sufficient in future.

Warranty label from September 27, 2026

Retailers are obliged to provide an EU-wide standardized warranty label. The labels are provided by the EU in the respective official language and cannot be edited. The aim is to inform consumers about their warranty rights at a glance.

EU packaging regulation from August 12, 2026

The new Packaging Ordinance (PPWR) regulates the entire life cycle of packaging and affects manufacturers, retailers, online stores, importers and distributors. Substance restrictions will apply from August 2026: The sum of the concentration of lead, cadmium, mercury and hexavalent chromium must not exceed 100mg per kilogram in packaging.

Law on repair until July 31, 2026

Germany must implement the EU directive on the law on repairsby the end of July 2026. Manufacturers of certain product groups must then offer repairs at a “reasonable price and within a reasonable period of time”, even after the warranty period has expired.

Product Liability Directive until December 9, 2026

The new Product Liability Directive extends liability to software, AI systems, fulfillment service providers and online platforms. The product definition will be significantly expanded – digital products will also be covered by strict product liability in future. The directive must be transposed into national law by 09.12.2026.

Data protection law: Planned changes

No fundamental changes to data protection law are planned for 2026.

However, the German government is planning to amend the Federal Data Protection Act (Federal Data Protection Act 8bdsg9) by the end of 2026: the obligation to appoint data protection officers in the non-public sector is to be limited to the EU requirements under Art. 37 GDPR. This would mean that fewer companies would need a data protection officer in future.

At European level, the “Digital Omnibus Package” is being discussed to reduce bureaucracy and clarify the GDPR – but concrete changes are not expected until 2027 at the earliest.

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