What happens to the product passport if my company stops?

The passport does not disappear automatically when the company ceases

If a manufacturer or importer ceases to exist, the digital product passport of products already placed on the market does not need to disappear with that company. The passport is designed to remain linked to the product itself, not to the continued existence of the party that had it drawn up. In practice, whoever hosts and manages that passport determines whether access actually continues to work at the moment when the original manufacturer, importer or trader no longer exists. That is precisely why hosting is often placed with a party that is separate from the company that placed the product on the market: if that third party applies its own retention period, the QR code on the steel or semi-finished product continues to refer to working data, even if the original provider no longer exists.

For which companies and which situations this applies

This topic concerns the continuity of the passport itself, not other obligations associated with a company ceasing, such as warranty, liability or the settlement of ongoing contracts — these remain subject to other law and are not changed by the rules on the product passport. It also specifically concerns the scenario in which a company ceases to exist entirely, not a takeover, merger or change of name: in those cases it is a matter of data transfer and responsibility between existing parties, which is a different issue than the disappearance of a party without a successor. Furthermore, this applies to products already provided with a passport and already on the market; for products not yet subject to an obligation, there is no passport whose continuity could be a question.

When this becomes relevant

The obligation to maintain a digital product passport for iron and steel does not yet apply. The work programme under the ESPR provides for a first delegated act around 2026, with obligations that then have a lead time of eighteen months. As long as that delegated act does not exist, there is no legal obligation for iron and steel to have a passport, and the question of what happens to it when a business ceases is therefore not yet at issue in practice. Once the act is published and the obligation comes into force, the question of continuity counts from the moment a passport is actually created and published. Until then it is mainly a matter of thinking ahead: which hosting party a company chooses, and what agreements are made about it, will determine how this works out in practice.

What should be considered in this

When choosing a party to compile and host the passport, the first question is who the host is and whether that host remains independent of your own business. A passport that exists only on your own company website or own server disappears as soon as that company stops and the website goes offline; a passport hosted with a specialized third party remains in principle accessible as long as that party maintains its own retention period. Ferropas hosts passports for ten years, regardless of whether the manufacturer or importer who had the passport drawn up still exists. The second question is whether the passport has been registered in the central register of digital product passports: that registration ensures that a passport remains discoverable via a unique identifier, even if the original provider is no longer traceable through its own channels. The third question, for those already dealing with this matter, is what has been contractually agreed with the hosting party about what happens upon termination of business: does the data remain accessible for customers who have already purchased the product, and who can still be contacted in case of any changes or corrections. This is a practical arrangement that is separate from the statutory minimum requirements, but it does determine how smoothly this works in practice.

What this is based on

Article 10 of the ESPR (Regulation (EU) 2024/1781) describes the requirements that the digital product passport must meet, including the accessibility of the data contained in it. Article 13 of the same regulation governs the register of digital product passports, which serves as a central point of reference separate from the individual provider that created the passport. Together, these articles form the basis for the idea that a passport is designed to follow the product, and not to disappear as soon as the party that had the passport drawn up no longer exists.

Anyone now thinking about a product passport for iron or steel would be well advised to ask the hosting party about the retention period and what happens if their own business stops, and to check whether passports are registered in the central register once it becomes operational.

What this is based on

The regulation itself can be found on EUR-Lex. We provide references for each statement; you do not have to take our word for it.

What you must concretely do

What is expected of you

The ESPR requires that a digital product passport remains available, even if the manufacturer or importer who had the passport created no longer exists. Article 10 of the ESPR (Regulation (EU) 2024/1781) sets out requirements for the availability of the passport, and Article 13 governs the register in which the passports (or at least their core identification) can be found. For a company considering ceasing operations, merging or transferring its activities, this means a number of practical considerations.

The passport persists, independent of your company

A product passport is not tied to the continued existence of the enterprise that had it created, but to the product placed on the market. For a steel trader or metal processor with 10 to 100 employees, this means consideration must be given to who the hosting party is, and what happens to that arrangement upon business closure. As long as the steel or semi-finished product remains in circulation — with a customer, in a construction, held in stock by a third party — the obligation remains that the passport is accessible. How long must a product passport remain available? describes the period that applies for this.

The data must be transferable

A company that ceases operations typically transfers assets: inventory, customer relationships, sometimes also the legal entity itself through an acquisition. The underlying data of the product passport — composition, origin, test results — must be available in a form that is transferable to a successor or to the hosting party that ensures continuity. For a company of this size, this is usually not a technical problem, provided the data does not sit solely in internal systems that are shut down upon business closure. In what format must I provide the data for the product passport is relevant when assessing whether your own data export meets what is necessary for transfer.

The unique identification remains linked to the product

Article 10 of the ESPR requires a passport that is traceable to the specific product or specific batch. This link — the identification code on the product or packaging — does not change when the manufacturer ceases to exist. For metal processors who themselves also assign identification codes to processed products, it is important that this link remains retrievable in their own records, even after a merger or acquisition. How do I give each product a unique identification code? describes how this link is practically established.

The register remains the point of reference, regardless of who manages the passport

Article 13 of the ESPR describes the register of digital product passports as the place where core data of a passport can be found, independent of the status of the original manufacturer. When a company ceases operations, the registration in this register does not automatically change — the registration belongs to the product, not to the enterprise. What is the register of digital product passports and what must I enter in it? addresses what is included in this and how it relates to the party that actually hosts the passport.

Where things go wrong in practice

Hosting ends with the business. A common situation is that the product passport was hosted on a server or service that was linked to the enterprise itself — for example, an in-house web server or a subscription that is automatically cancelled upon business closure. Without a separate arrangement for continuation of hosting, the passport disappears at the moment the infrastructure is dismantled.

Acquisition without transfer of passport data. In an acquisition, attention usually focuses on customers, inventory and personnel. The underlying data of previously issued product passports is sometimes overlooked in this process, even though it is just as much part of what is being transferred.

QR code points to a system that is no longer accessible. When a company ceases operations and the in-house website or internal system that the QR code linked to goes offline, the data carrier no longer works, even if the underlying information still exists elsewhere. How does the QR code for the product passport get on my steel? describes why the link between data carrier and hosting location is such a critical connection.

Insolvency without a curator who knows the passport obligation. A curator primarily focuses on the settlement of debts and assets. The obligation to keep product passports available is not always a known or obvious point of attention for a curator, even though the products with those passports continue to circulate in the market.

Unclear responsibility following a merger. In the event of a merger or demerger, it may become unclear which legal entity assumes responsibility for the continuation of previously issued passports, especially when multiple passports are linked to one composite product. My product needs multiple product passports — how does that work together? shows how that interconnection works and why it requires extra attention during a transfer.

What you can document

An overview of all active product passports, per batch or per product, including the location where the underlying data is stored.
A written agreement with the hosting party about what happens in the event of business termination, insolvency or takeover — including the question of whether hosting can continue independently of the company's own operations.
An export file of all passport data in a standard format, so that a successor or third party can take over the data without being dependent on a system that may be shut down.
A statement in the takeover file or merger deed of who assumes responsibility for existing product passports.
A check that the link between identification code, QR code and hosting location remains intact after transfer, including a test of the QR code after the transition.
If in doubt about your own situation: consult with the party hosting the passport about a continuity agreement that specifically addresses business termination, so that this is not worked out only when actual closure takes place.

This is not legal advice. This page provides general information about the legislation that this platform deals with. We do not know your situation. If you are in doubt about your own case, consult a lawyer or the competent supervisory authority.

Written with AI based on the sources above, checked by a human on 2026-08-22. Is something not right? Let us know — corrections are given priority.