New anti-greenwashing rules and financial contracts: What Emergency Ordinance 18/2026 brings

Through Emergency Ordinance no. 18 of March 19, 2026, for the amendment and completion of Law no. 363/2007 on combating unfair commercial practices in relation to consumers and harmonizing regulations with European consumer protection legislation, as well as Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, and for the amendment and completion of certain normative acts, published in Official Gazette no. 236 of March 26, 2026, new regulations are introduced aimed at strengthening consumer protection, especially in the context of the green transition and distance financial services.

What it provides

The normative act brings substantial changes to the way companies communicate about their products and services, with a strong emphasis on transparency and veracity. Clear definitions are introduced for “environmental claim”, “generic environmental claim” and “sustainability label”, establishing a rigorous framework for combating “greenwashing” practices. It is prohibited to make generic environmental claims without a recognized excellent environmental performance, as well as claims about the entire product or activity when they refer only to a specific aspect. Furthermore, it is prohibited to present mandatory legal requirements as distinctive features of the trader’s offer and to claim a neutral, reduced, or positive impact on the environment based on offsetting greenhouse gas emissions.

Another important direction concerns product durability and software updates. Traders can no longer conceal information about features that limit the durability of a good or falsely claim a certain durability. It is prohibited to present a software update as necessary when it only improves functionalities, without informing the consumer about the potential negative impact of updates on the functioning of digital goods. Furthermore, it is prohibited to incite consumers to replace consumables earlier than necessary or to falsely claim a depreciation of functionality when using non-original spare parts.

In the field of distance financial services, pre-contractual information requirements are significantly extended. Professionals must provide detailed information about identity, risks, costs, the right of withdrawal, and complaint resolution mechanisms. A 14-calendar-day right of withdrawal is introduced (30 days for personal pensions), with exceptions for certain volatile financial services. Professionals are obliged to provide “adequate explanations” to allow consumers to assess whether the proposed financial service is adapted to their needs. Online interfaces must not be designed in a way that misleads or manipulates consumers (“dark patterns” practices), such as highlighting certain options or making it difficult to terminate a service. In addition, it is prohibited to charge fees for payment methods that exceed the actual cost incurred by the trader.

To whom it applies

These new regulations apply to a wide range of professionals who interact with consumers, including:

Traders of goods and services, especially those who make environmental claims (manufacturers, retailers, importers).
Producers of goods with digital elements, digital content, and digital services.
Providers of digital services and online platforms that compare products or offer services.
Financial institutions (banks, insurance companies, NBFIs, pension funds) that conclude distance financial service contracts.
Online marketplace operators and any entity that uses online interfaces to conclude contracts with consumers.

When it enters into force

The normative act provides for staggered entry into force and application deadlines:

The provisions regarding the combating of unfair practices (Art. I) and part of the amendments concerning consumer rights (Art. II points 1, 4-7, 9-12 and 16), including those related to greenwashing, durability, guarantees, and general information, entered into force on March 27, 2026. However, the effective application of these provisions begins on September 27, 2026, providing a timeframe for compliance.
The provisions regarding distance contracts for financial services, online interfaces, and payment method fees (Art. II points 2-3, 8, 13-15 and 17-18) apply starting from June 19, 2026.

What you need to do

Review all marketing and advertising materials, especially those containing environmental claims, to ensure compliance with the new definitions and prohibitions regarding greenwashing.
Verify the sustainability labels used and ensure they are based on credible certification systems or are established by public authorities.
Ensure transparency regarding product durability, repairability, availability of spare parts, and the impact of software updates.
Update the pre-contractual information provided to consumers for digital goods and services, including details about guarantees, durability, and software updates.
Implement a clear and easily accessible online withdrawal function for contracts concluded through online interfaces, in accordance with legal requirements.
Review sales and information processes for distance financial service contracts, ensuring compliance with extended pre-contractual information requirements and the right of withdrawal.
Analyze the design of online interfaces to eliminate any elements that could mislead or manipulate consumer decisions (dark patterns).
Eliminate any fees charged to consumers for the use of payment methods that exceed the actual cost incurred by the company.

Published in Official Gazette, Part I, no. 236 of March 26, 2026.

Note: This material is for general informational purposes and does not constitute legal, tax, or business advice. The application of legal provisions may vary significantly depending on the specific circumstances of each company. We recommend seeking dedicated legal advice before implementing any operational decisions based on these changes.