Ochrana spotřebitele: přísnější pravidla pro greenwashing i reklamace

The proposed amendment transposes the EU directive to empower consumers for the green transition. The amendment introduces several significant changes. Firstly, it establishes new definitions, such as environmental claims, sustainability labels, and product lifespan. It also expands the list of prohibited deceptive practices. Newly included are unsubstantiated environmental claims, false reviews, and the concealment of negative impacts of software updates.

According to the explanatory report to the amendment, unsubstantiated claims can include general phrases like "eco-friendly" or "green" without evidence, claims of a zero-carbon footprint without verification, the use of unofficial sustainability labels, or claims about the properties of an entire product that only apply to part of it. Implicit messages are also prohibited, such as using images of trees or green colors on packaging if they create an impression of eco-friendliness if they suggest eco-friendliness without factual support.

The amendment further introduces the obligation to clearly inform consumers about product lifespan, the availability of spare parts, and other important information. Businesses will also need to inform customers about the duration of software updates and disclose whether the product can be repaired. Part of the changes includes the introduction of standardized notifications and labels according to European rules, which aim to facilitate consumer navigation during purchases.

Another change concerns warranty claims. If a consumer chooses to resolve a claim through repair, the statutory period for notifying defects is extended from the regular two years to three years. The Civil Code now regulates the warranty for lifespan, the obligation to clearly highlight key information before confirming an order, and the option to request a replacement of a defective product with a refurbished one.

Oversight of compliance with the rules will be carried out by authorities such as the Czech Trade Inspection Authority, the Czech National Bank, the Energy Regulatory Office, and the Czech Telecommunication Office. Violations of obligations may result in fines of up to five million crowns or four percent of annual turnover.

Given the upcoming elections to the Chamber of Deputies, it is unlikely that the Chamber will manage to pass the amendment in its current composition. However, this does not change the fact that the directive requires Member States to adopt implementing regulations by 27September 2026, while allowing minimal deviation from the new rules at the national level. It can therefore be assumed that the incoming government will be tasked with incorporating the new rules into Czech law in virtually unchanged form.

Authors:

Jan Turek

Matěj Plšek