Slovakia

Status of the current legislative process

The Government published their draft of the law implementing Empowering Consumers into national.  

On June 4, 2025, a Government act amending and supplementing Act No. 108/2024 Coll. on Consumer Protection and other related acts was delivered to the Slovak Parliament.  

This proposed act is intended to transpose the Empowering Consumers Directive.   

During the parliamentary approval process, which will likely take place during autumn 2025, the proposed act may be amended. 

Link to the draft (if available) 

Proposed wording of the act (in Slovak language only): https://www.nrsr.sk/web/Dynamic/DocumentPreview.aspx?DocID=566712

Does the implementation go beyond EmpCo requirements? 

No

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

No

For completeness please note that as part of the legislative process, comments on the proposed act were made by the various stakeholders, which were subsequently considered and, if their relevance was acknowledged as part of their evaluation, incorporated into the final proposal for a Government act, which was submitted to Parliament. However, this is more a standard part of the legislative procedure than any relevant guidance for future enforcement. 

Will the national implementation be applied in a Business-To-Business (B2B) context? 

Yes

The broad definitional language for environmental claims and sustainability labels doesn't explicitly exclude B2B contexts, and key prohibitions (generic environmental claims, self-owned sustainability labels, GHG offset claims) represent fundamental positions likely to influence B2B practices through analogous application or future regulatory extension. The underlying anti-greenwashing rationale applies equally to B2B relationships, making proactive compliance advisable for risk mitigation and competitive positioning.  

The blacklist (of certain commercial practices) is primarily and explicitly implemented in Consumer Act (No. 108/2024) and Act No. 40/1964 Civil Code (B2C). Nonetheless, the blacklist can be applied in B2B relationship by applying the Act No. 513/1991 Commercial Code and provisions related to the unfair competition and to some degree also the Civil Code. Moreover, the blacklist can be applied to B2B practices in spirit. 

More specifically, the Commercial Code sets out a general prohibition of acts of unfair competition that are defined as any conduct in the competition that is contrary to the good commercial practices, and capable of causing damage to other competitors or consumers (§44 (1)). Also, the exercise of law, which is contrary to the principles of fair trade, is not protected by law (§265).  

The above principles of fair trade is a narrower concept compared to another somewhat similar concept of good morals under Civil Code, however, also for business operations it applies that legal acts are sanctioned with invalidity as a result of violation of good manners in light of § 1 (2) Commercial Code (C.H.Beck, Commentary to § 265 Commercial Code, 2022). 

Thus, the blacklist (of commercial practices) could be applied in the B2B especially based on the above general provisions related to unfair competition, principles of fair trade and good manners. 

Also, please note that the Ethical Codex of Council for Advertising (Slovak self-regulatory advertisement organisation) also contains several general provisions that advertising must not be contrary to good manners, rules of competition and must not be able to cause harm to other competitors or consumers, and that unfair advertising (using aggressive business practices) is inadmissible (Art. 10 (4,5)). 

At least some of the greenwashing rules of the EmpCo are likely to be applied to B2B. 

The above-mentioned mechanisms for applying blacklisted practices to B2B situations can be used to extend the scope of application of greenwashing prohibitions. 

Is there a green claims guide/guidance in your country? 

No 

What are the sanctions and penalties?  

The proposed act does not provide for new types of fines or new levels of fines. However, fines for breach of new obligations may be imposed in the amount according to the current regulation, i.e. in the amount of ranging from EUR 200 as a minimum to 2% of the turnover for the previous accounting period, up to a maximum of EUR 200,000. For repeated infringements, the fines may be even higher. 

Does the national implementation answer the following questions:  

(1) whether sustainability labels can take the form of text; 
(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance; 
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.

(i) Yes, sustainability labels can be text-based. The proposed act explicitly addresses this in its definition of environmental claims, which includes "textual, pictorial, graphic or symbolic representation". This definition encompasses sustainability labels and confirms that textual forms are permitted.

(ii) The proposed act prohibits a generic environmental claim in written, oral or audio-visual form which is not made on a sustainability label and where the specification of the claim is not clearly and strongly stated in the same communication medium, unless the trader is able to demonstrate recognized environmental excellence.                               

(iii) The proposed act prohibits claims based on greenhouse gas emission compensation that a product has a neutral, reduced or positive environmental impact in terms of greenhouse gas emissions. There is no exception for partial offset scenarios (such as 90% reduction + 10% offset).