Understanding the ESPR

Digital Product Passports - Alythya Analysis

https://eur-lex.europa.eu/eli/reg/2024/1781/2024-06-28/eng

If you sell in the EU, your brand is about to face its biggest compliance shift yet. The EU’s Ecodesign for Sustainable Products Regulation (‘ESPR’) will soon make Digital Product Passports (‘DPPs’) mandatory for textiles, footwear and other fashion items. Although the delegated act for textiles is still being drafted, the Regulation already defines exactly how brands must prepare.

I. What the Regulation Requires

Every product placed on the EU market will need a DPP containing information on composition, sustainability, and traceability. A product may only be sold if a valid DPP exists and complies with the specific delegated act for its category (Article 9).

The DPP must be physically linked to the product through a data carrier such as a QR code or NFC tag, which connects to a unique product identifier. The tag must be attached to the product, packaging, or documentation so it remains accessible throughout the product’s lifetime (Article 10(1)(a)-(b)).

The information stored must be machine-readable, interoperable, and in an open format that can be searched and transferred across the value chain (Article 10(1)(d)).

II. Data and Access Design

Brands must collect and structure data according to the general categories listed in Annex III: identification and composition, durability, repairability, recyclability, use-phase care, end-of-life instructions, and supply-chain identifiers (Article 10(2)).

Access to the DPP will be role-based - meaning customers, regulators, recyclers, and manufacturers will see different data depending on their permissions (Article 11(e) - (h)).

The system must be interoperable with other EU product databases, secure, and maintain data integrity (Article 11(a)).

Each brand must also maintain a backup copy of its DPP data with an authorised service provider to ensure long-term accessibility (Article 10(4)).

III. Tagging and Traceability

The DPP must connect every product to a persistent unique product identifier, and may also link to identifiers for factories and supply-chain partners (Article 12).

This means brands need to build an internal ID system that can map products, production facilities, and batches in a consistent format.

The data carrier, whether printed, laser-engraved or NFC-embedded, must survive the product’s normal use and care process. Brands should test placement on care labels, swing tags, or internal patches to ensure durability (Article 10(1)(b)).

IV. Responsibilities Across the Supply Chain

The ESPR assigns specific obligations to different operators.

Manufacturers must ensure products are designed and produced according to the delegated act, keep technical documentation and an EU declaration of conformity, and make the DPP (and its backup) available when placing products on the market (Article 27).

Importers must verify that all imported products already have a compliant DPP and backup copy before entry into the EU (Article 29).

Distributors must check that products are correctly marked and linked to a DPP before selling them (Article 30).

Dealers and retailers must guarantee that the DPP is easily accessible to customers both in-store and online (Article 31).

V. Consumer Access and Ecommerce

For ecommerce, customers must be able to view the passport before completing a purchase (Article 10(2)(e)).

Manufacturers must provide dealers and marketplaces with a digital copy of the DPP carrier or a link to display the passport when physical inspection is not possible (Article 10(3)(a) - (b)).

This means brands need to integrate QR codes or web links into product pages, invoices, or confirmation emails so that DPP access is seamless.

VI. Timing and Implementation

The Working Plan adopted by the European Commission in April 2025 confirms that textiles, garments and footwear are one of the first categories to be regulated (Article 18(5)(c)).

The first ESPR delegated act is currently expected at the earliest in 2026 (for textiles/clothing and steel).

When the textiles delegated act is published in the Official Journal, it will enter into force and set a legal application date at least 18 months later (Article 4(4)).

That 18-month window is the time brands have to test, build, and deploy their DPP infrastructure before compliance becomes mandatory.

VII. What Brands Must Do Now

Even before the delegated act is finalised, brands should start:

i. Designing a DPP-ready data system that captures Annex III categories and links them to unique identifiers (Article 10(2)).

ii. Choosing a data carrier (QR or NFC) and testing how it performs across garment types (Article 10(1)(b)).

iii. Selecting or contracting a DPP service provider capable of hosting the backup copy (Article 10(4)).

iv. Defining access rights and governance for who can create, read or edit passport fields (Article 11(e) - (h)).

v. Training importers, distributors and retailers on their new verification and accessibility duties (Articles 29 - 31).

vi. Integrating online access to the passport for all ecommerce channels (Article 10(2)(e)).

VIII. The Takeaway

The 18-month compliance window will begin the day the textiles delegated act enters into force - not before.

But brands that delay preparation until that date will not be ready in time.

Building a DPP system requires redesigning labelling, restructuring product data, connecting suppliers, and aligning digital infrastructure.