Publication date: February 16, 2026
The European Green Deal has been the subject of much discussion in public debate since its announcement. As part of this ambitious project, the European Commission aimed to achieve, among other things, climate neutrality for the entire European Union by 2050. One of the key aspects of this economic transformation was to focus on more sustainable products and, in particular, a transition to a circular economy. Sustainable products were considered a prerequisite for implementing such an economic model.
To achieve this goal, in 2024, both European Union legislative bodies reached an agreement on Regulation (EC) No. 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products (ESPR), which introduces relevant provisions. One of the key elements of this regulation is the introduction of the Digital Product Passport (DPP). The DPP is referred to as a “digital identity card” for a product, used to store important information about its sustainability. The aim of introducing the DPP is to increase transparency of product information throughout its entire life cycle – from the origin of raw materials to the method of disposal at the end of its life. This is intended to help consumers and businesses make informed decisions about choosing sustainable products. The information contained in the DPP is also intended to streamline the work of Member States’ customs authorities by enabling automated checks of product compliance with the DPP. These regulations also aim to improve product traceability throughout the value chain.
DPP is defined as a product-specific data set that contains information specified in a delegated act and that is accessible electronically via a data carrier.[1]
A data carrier is a linear barcode symbol, a two-dimensional symbol, or other data carrier used for automatic identification that can be read by a device. In its simplest form, this refers to one-dimensional barcodes or QR codes. Other frequently mentioned data carriers include NFC chips and RFID tags. RFID tags use radio waves to transmit data, typically one-way and over longer distances than NFC. NFC (Near Field Communication) chips store a specific amount of data and, using NFC technology, communicate with a device in close proximity, but in a two-way manner.[2] NFC is a significantly newer technology, widely used in smartphones, including mobile payments, so it is a tested solution. It is crucial that the data carrier be physically located on the product.
Under Article 9, products may only be placed on the market if a validated product information document (DPP) is available that meets the requirements of the delegated acts. Furthermore, the information contained in the DPP must be accurate, complete, and up-to-date. The requirements for the DPP are to be included in the delegated acts and are to cover:
It’s worth noting that no delegated acts have yet been published by the European Commission, so the presented regulations do not yet constitute a complete legal framework. Therefore, the scope of information for specific product groups is not yet known. According to official Commission announcements, the first delegated acts can be expected in the first or second quarter of 2026.
However, Annex III to the Regulation lists the elements that are or may be included in the DPP. These include:
Article 7 requirements include information on: product performance; its carbon footprint; energy efficiency; installation, use, and repair methods; reuse and recycling; other information influencing product selection; and information on substances of concern. This is therefore a potentially significant amount of information that will need to be made available to consumers before a product is placed on the market.
The Regulation allows the Commission to exempt certain product groups from the requirement to have an DPP if the technical specifications for a digital product passport are not available in relation to the essential requirements set out in Articles 10 and 11 , or if other EU law requires electronic disclosure of information that the Commission believes will achieve similar results. In practice, this means that the Commission will be able to waive DPP requirements for certain products, particularly those with similar requirements. This most likely includes batteries for electric vehicles, for which similar requirements have been established by Regulation No. 2023/1542.
In addition, Article 11 of the Regulation imposes further essential requirements for the DPP. Among other things, it must: be linked to an immutable unique product identifier via a data carrier; the data carrier must be physically located on the product; data contained in the DPP must be based on open standards and machine-readable; personal data of customers cannot be stored on the DPP without their consent; data contained in the DPP must relate to a model, batch, or item in accordance with delegated acts; and access to the data contained in the DPP must be regulated in accordance with the provisions of the Regulation.
Economic operators placing products on the market must provide sellers and online marketplace providers with a digital copy of the data carrier or the unique product identifier; and a digital copy, or a link to the website, within a maximum of five business days of receiving a request. Economic operators must also make a backup copy of the DPP available through a digital product passport service provider.
In summary, it is known that the DPP will need to be uniquely linked to the product, machine-readable, based on open standards, accessible throughout the product’s lifecycle, and accessible for inspection by authorized agencies. Data carriers for the DPP will include QR codes, NFC chips, or RFID tags. Information that may be included in the DPP will include product origin, environmental footprint, recycling, materials used, manufacturer and importer identification, and much more. However, due to the lack of detailed guidelines, specific information requirements for specific product groups are not yet known.
The ESPR is a framework regulation, so detailed requirements for specific product groups will be introduced in future delegated acts. The mandatory DPP will be introduced gradually. The European Commission has announced the product groups where the DPP will be required first. These include textiles, furniture, tires, mattresses, and certain intermediate materials such as steel, iron, and aluminum. For these groups, regulations are expected between 2027 and 2029, depending on the product group. Some other product groups, such as batteries and construction products, will also be subject to the DPP requirement, but this is governed by separate sectoral regulations than the ESPR.
From a practical perspective, DPP requirements will be an additional burden for most manufacturers. They will require the collection of a complete and often highly specific set of information, which will have to be provided to a very wide group of entities. The European Commission envisages the creation of an entire industry of DPP service providers. However, it is difficult to determine the practical impact of the new regulations at this time due to their general nature. Blockchain technology and distributed ledger technology (DLT) are also not excluded due to their characteristics: data security and authenticity, public access, and transparency.
DPP in the art trade
One industry that has not yet been included in the Commission’s plans as a product group for which DPP will ultimately be required is works of art. However, works of art have not been excluded from the DPP requirement. Therefore, some are beginning to argue that the art trade industry is an ideal place to utilize the potential of DPP. This may be due to several characteristics. It has been pointed out that DPP is best suited to high-priced, long-lasting, frequently traded products that may frequently cross international borders. Works of art meet all these criteria. Furthermore, this industry faces several challenges that DPP could partially address.
Works of art are a very specific product. Their uniqueness, often significant monetary value, and frequent changes in ownership and storage location mean that documentation of works of art can be extensive. This documentation must confirm the work’s condition, authenticity, ownership history, provenance, and many other factors. The risk of purchasing a forgery is a significant problem, particularly in the case of luxury goods, especially in the era of high-quality counterfeits.[3] The ownership structure is often complicated by loans or leases of works for exhibition purposes. Furthermore, the art trade is also an area of risk for money laundering and the trade in stolen works.
Given these challenges, DPP seems like a solution that could help. Because DPP accompanies a product throughout its lifecycle, the entire history of its origin and ownership would be available to potential buyers. It also allows for the inclusion of information about materials and environmental footprint, thus fulfilling the original ESPR objectives. Because DPP is physically and uniquely linked to the work, it would confirm its authenticity using technologies such as blockchain, thus reducing the risk of counterfeiting.
A DPP is not a document of ownership, so even for works of art, it would not eliminate the need for intermediaries and would not, in itself, be able to determine authenticity. Nevertheless, such a mechanism significantly reduces risk and simplifies the purchase and sale of works of art, and in specific cases could provide evidence to prove the aforementioned facts. A DPP or a similar mechanism would not be a panacea for the entire industry, but it could bring about a number of positive changes. Moreover, the increasingly widespread promotion of the digital single market will support grassroots initiatives in this area. Therefore, even without European Union intervention, such a mechanism could be adopted as a paid solution that would support the health of the entire industry.
Bibliography
EUIPO, Near Field Communication < https://euipo.europa.eu/anti-counterfeiting-and-anti-piracy-technology-guide/electronic-technologies/near-field-communication-nfc > obtained accessed January 26, 2026
Kelcie Slaton, Sanjukta Pookulangara, Exploring Consumer Use of Digital Product Passports for Secondary Luxury Consumption: A Conceptual Study (2025)
Committee European, Ecodesign for Sustainable Products Regulation (2024) < https://commission.europa.eu/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/ecodesign-sustainable-products-regulation_en#:~:text=Digital%20Product%20Passport > obtained accessed 13/01/2026
European Commission, Communication from the Commission Working Plan on Ecodesign for Sustainable Products and Energy Labelling 2025-2030
Ministry of Development and Technology, Digital Product Passport < https://www.gov.pl/web/rozwoj-technologia/cyfrowy-paszport-produktu > accessed 19/01/2026
Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 on establishing a framework for the setting of ecodesign requirements for sustainable products and amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC
Samuel J. Miller ESQ PC, Digital Passports for Art: A Legal Explainer on the EU Digital Product Passport (DPP) (2025) < https://www.linkedin.com/pulse/digital-passports-art-legal-explainer-eu-product-td8rc/ > obtained accessed 19/01/2026
[1]Article 2(28) of Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 on establishing a framework for the setting of ecodesign requirements for sustainable products and amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC.
[2]EUIPO, Near Field Communication < https://euipo.europa.eu/anti-counterfeiting-and-anti-piracy-technology-guide/electronic-technologies/near-field-communication-nfc > obtained accessed 26/01/2026.
[3]Kelcie Slaton, Sanjukta Pookulangara, Exploring Consumer Use of Digital Product Passports for Secondary Luxury Consumption: A Conceptual Study (2025).