The most common mistake when recording the digital product passport in steel purchasing contracts is that companies do not include anything about it, or only when the first delivery is already on its way. The consequence: there is then no contractual basis to hold a supplier accountable if data is missing, incomplete, or simply does not align with what the passport will have to contain.
The solution is not complicated, but it does require that you act in time. By including a provision on data delivery and liability in your purchasing terms or framework agreements now, you avoid having to renegotiate later something that should actually have been settled at the time of ordering.
What goes wrong in practice
At many companies, purchasing is separate from the person who will later be responsible for the passport. The buyer concludes a contract based on price, delivery time and quality, and does not think about what data the supplier will later have to provide for the digital product passport. Only when the passport has to be compiled does it become clear that there is no agreement on who supplies which data, in what form, and within what timeframe.
A second recurring problem is that existing contracts refer to certificates and CE marking, but not to the broader set of data that the regulation has in mind. An inspection certificate covers a different part of reality than the passport; if you mix the two in a contract, you risk that part of the necessary information is simply not covered.
Why this often only becomes apparent late
This mistake remains invisible for a long time, precisely because the obligation itself is not yet in force. A contract that does not regulate the passport does not cause a problem today — delivery proceeds as normal, the steel is processed, the invoice is paid. Only when the passport actually has to be compiled does it become clear that there is no enforceable agreement on the data needed for it.
Ongoing contracts with a duration of several years are also a point of attention. A framework agreement concluded now for three or five years may run on past the time when the obligations come into force. If you do not set anything down about it now, you will have to reopen the agreement later — often a more difficult conversation than if the provision had been in place from the start.
What does work: provisions that move with the times
A contractual provision does not have to refer to article numbers or exact timeframes that are not yet established. What does work is a general obligation for the supplier to provide the data needed to comply with the applicable regulations at that time, including an agreement on the form and timing of delivery. This way the provision remains useful, even if the official date of the obligation shifts or the delegated act adds details that are not yet known.
It also helps to record in the contract who in the supply chain fulfills which role: who is considered a manufacturer, who is an importer, and who is ultimately responsible for having the passport compiled. These concepts are defined in the regulation itself, and it is advisable to align with these when drawing up contracts. In the knowledge base with explanation per role and obligation it is set out for each situation which role is typical for which link in the supply chain.
The relationship with existing agreements
Steel contracts often already contain provisions on quality certificates, origin, and conformity. The digital product passport does not stand apart from these, but must align with them in practice. A contract provision that mentions the passport without stating this connection leaves room for discussion about who is responsible for what when something is missing or incorrect.
Anyone unsure whether an existing contract is adequately equipped can a few questions to give you a first indication from where their own situation stands. This is not a substitute for legal advice on a specific contract, but a good starting point to determine whether further review is needed.
What you can do now
It is not necessary to rewrite every contract in full today. However, it is advisable to include a general provision on data delivery for the passport in new contracts and renewals, and to check in existing long-term agreements whether the contract period extends into the period when the obligation takes effect. Answers to frequently asked questions about this overlap are collected on the page with frequently asked questions, and anyone who wants to know exactly how the data for the passport is compiled can read about it on the page about how the information is compiled.
For the legal details of a specific contract, it remains advisable to consult a legal professional; this article describes the pattern that often goes wrong, not the advice for your own agreement. Would you like to first get a picture of where your company stands? Take the free quick-scan or read other topics in the knowledge base.