The introduction of the Digital Product Passport (DPP) is set to have a significant impact on how products will be placed, sold and traded on the European (EU) market. The DPP was introduced by the EU’s Ecodesign for Sustainable Products Regulation (ESPR), with a view to bringing transparency and traceability into supply chains. But given that the ESPR is itself dependent on the implementation of future delegated acts, the question remains: what will the DPP framework look like in practice?
Whilst the position may change in 2026, we can use the available materials to set out the likely shape the DPP framework will take. Important procedural points will arise such as:
- who has the responsibility of ensuring a DPP is created?
- At what point will a DPP be required?
- How will liability flow throughout the supply chain?
Who is responsible for creating a DPP?
The ESPR makes clear that “products can only be placed on the market or put into service if a digital product passport is available in accordance with the applicable delegated acts”. Therefore, the economic operator – a manufacturer or an importer – placing a product covered by a delegated act on the EU market or putting it into service must ensure that it has a DPP.
When will a DPP be required?
A product will be placed on the market when it is first made available on the EU market. This will also apply to any products, components, or intermediate products being imported into the EU, where these are covered by a delegated act. The rules apply irrespective of from where the product originates. It will be the responsibility of the importer to ensure that these goods imported into the EU have a digital product passport.
The European Commission will also set up a DPP registry for the applicable data (the “Registry”) and the customs authorities of EU member states will have direct access to the Registry to verify that imported products have a digital product passport.
Products that are imported into the EU will be presented to customs and will be declared for release for free circulation procedure. Typically, when this happens, the goods will be considered to be placed on the EU market (although it should be noted that in the case of online sales the goods can be considered placed on the market before they arrive in EU customs).
Wrongful information provided by those earlier in the supply chain
The economic operator that places the product on the EU market will be responsible for ensuring that any information required:
- is provided by their supplier;
- is accurate; and
- is included in the DPP.
The ESPR requires that suppliers provide information relating to the products they supply or services they provide. Where this information is not available, suppliers are required to allow manufacturers to assess the applicable products that are supplied or the services provided (including providing access to any relevant documents and facilities). As a result economic operators will need to exercise due diligence concerning any information gathered for DPPs and may consider including contractual provisions in their supply contracts to deal with this issue.
In this respect economic operators should start to consider what is provided in their existing supply contracts in terms of warranties being given for the accuracy of product information and the consequences if the information is inaccurate. This is because inaccurate information may result in products not being released by customs authorities, contractual claims by customers, and damage to market reputation.
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