EU Consumer Law Update: New harmonised information requirements on statutory warranty and commercial guarantees under ECGT

Key measures for companies doing business in the EU

The ECGT Directive introduces mandatory information requirements and harmonised formats for (i) a notice on statutory warranty rights (the so-called legal guarantee of conformity) and (ii) a label for voluntary commercial durability guarantees. To prepare for the new rules applicable from 27 September 2026, companies doing business in the EU should take early action. Key measures include:

 Identifying relevant products: Establish internal procedures to identify products subject to commercial durability guarantees exceeding a duration of two years;

 Implementing harmonised formats: Integrate the harmonised notice and label into information at the point of sale, marketing materials, online listings, product packaging or leaflets in a clear, prominent and easily understandable manner;

 Training staff: Ensure sales and customer service teams accurately communicate the difference between statutory legal rights and voluntary commercial guarantees; and

 Monitoring legal developments: Stay informed about national implementations and potential updates to EU rules.

Background

The ECGT Directive does not only set forth stringent requirements for environmental claims and sustainability labels, including certification and specification obligations (please see our article of 15 October 2025, EU Member States move forward with transposition of Anti-Greenwashing Directive – Update Germany). In addition to the provisions on green claims and sustainability labels, the ECGT Directive also introduces new consumer information obligations.

Warranty and guarantee claims are already subject to legal scrutiny under existing EU consumer law, particularly with regard to clear and accurate information as well as protection against misleading advertising. Building on this framework, the ECGT Directive now introduces additional information requirements and harmonised formats for a mandatory notice on statutory warranty rights and a label for voluntary commercial durability guarantees.

The overarching aim is to raise consumer awareness of their rights, promote more sustainable purchasing decisions, and increase both demand for and supply of longer-lasting, more durable products. This aligns with the United Nations 2030 Agenda for Sustainable Development and contributes to Sustainable Development Goal 12 “Ensure sustainable consumption and production patterns”.

New information requirements

The new harmonised mandatory disclosures concern two independent types of guarantees that have to be distinguished:

• Mandatory notice on the legal guarantee of conformity at the point of sale (online or offline) to raise consumer awareness of their legal guarantee rights; and
• a harmonised label for voluntary commercial guarantees of durability, offered by producers who wish to assure consumers of the durability of their goods.

1. Harmonised notice on the legal guarantee of conformity

Starting from 27 September 2026, companies doing business in the EU will be required to inform consumers not only of the existence of the legal guarantee of conformity for goods (commonly referred to as statutory warranty rights), but also of the main elements of this legal guarantee. This information must be provided in a clear, prominent and easily understandable manner using the harmonised notice shown below before the consumer is bound by a contract, e.g. at the point of sale, in marketing materials, online listings or on product packaging or leaflets.

The design and content of the harmonised notice, as laid down in the European Commission’s Implementing Act, include:

• The main elements of the legal guarantee of conformity, including its minimum duration of two years, typical scenarios in which the guarantee may apply, available remedies and practical steps for consumers in the event of non-conforming goods;
• A reference to the possibility of longer duration of the legal guarantee under national law;
• A QR code linking consumers to further information in their respective language on the Your Europe portal (https://europa.eu/youreurope/index.htm); and
• A clear differentiation from any voluntary commercial (durability) guarantees.

None of the elements of the harmonised notice on the legal guarantee of conformity may be modified and for distance contracts concluded via an online interface, the notice must be displayed in colour.

2. Harmonised label for commercial guarantees of durability

By contrast, the commercial guarantee of durability refers to a voluntary commitment by the producer to the consumer, promising that a product will maintain its functionality and performance under normal use for a specified period. As of 27 September 2026, where such a guarantee (i) is provided free of charge, (ii) covers the entire product, and (iii) exceeds a duration of two years, consumers must be informed clearly and prominently, and in an easily understandable manner using the harmonised label prescribed by the European Commission. This label shown below must be displayed before the consumer is bound by a contract, e.g. at the point of sale, in marketing materials, in online listings, or on product packaging or leaflets.

For sellers, this obligation applies only if the producer makes the relevant information available to the seller. Sellers are not required to actively obtain such information from producers, for instance by checking product-specific websites.

The harmonised label features a language-neutral design, supplemented by translations and includes the following elements:

• The title “GARAN”, derived from the word “guarantee” in several EU languages;
• A tick-mark symbol, indicating that the product’s durability is guaranteed;
• A calendar symbol, representing the duration of the commercial guarantee of durability in years;
• A visual reminder of the existence of the statutory legal guarantee of conformity;
• A QR code, linking to further information on the Your Europe portal; and
• A footer line, stating “producer guarantee in years” in all official EU languages.

The design of the label is mandatory and must not be altered: Only the duration of the guarantee, the brand name, and the product model are to be customised. For distance contracts concluded via an online interface, the label must be displayed in colour and may be displayed using a nested display, as shown below:

Implications for businesses

The introduction of harmonised information requirements on statutory warranty rights and commercial durability guarantees under the new EU consumer protection framework entails significant compliance and operational responsibilities for businesses selling goods to consumers. Non-compliance may lead to enforcement actions, consumer complaints, and liability under consumer protection laws.

Authored by Dr. Christiane Alpers and Dr. Cynthia Staiger.