How long does the consultation process regarding the digital product passport take?
There is no fixed timeline for the consultation process regarding the digital product passport. The law governing worker participation has its own procedure with a request for advice or approval, consultation and a response period, but how long the whole process takes depends on the works council itself, on the complexity of what you present and on when you start. In practice, companies see processes ranging from a few weeks to a few months.
The main reason the timeline varies so much is that worker participation is not a formality you just add on. A works council may seek advice, ask additional questions and take time to consult internally. The earlier you involve the council and the clearer your information is, the less reason there is for delay. Whether worker participation applies in your situation and in what form is best checked with your own works council or a lawyer; this article does not cover that, but rather what determines the timeline once the process is underway.
What affects the timeline
Three factors almost always play a role. First, the nature of the change: is it only a new tool to collect data, or does something also change in functions, working methods or monitoring of employees. The more far-reaching the latter, the more extensively the council usually wants to look. Second, the quality of the information you provide in advance: a clear description of what changes, for whom, and why, often saves an entire round of consultation. Third, the works council's own agenda, which besides this matter also deals with other issues and cannot always switch at short notice.
The software you choose for the product passport also plays a role. If that software works with data that can be traced back to individual employees, a more extensive review is more likely than if it is purely about product data such as composition, origin or CO2 figures. This distinction is something you can discuss in advance with your software supplier, so that you are clear on it yourself before you ask the council for advice.
Where processes get held up in practice
The most common delay does not arise from unwillingness, but from timing: companies involve the works council only after the software choice is already largely settled. That feels to a council like a missed opportunity and almost automatically leads to more questions and a longer process. A second common reason is lack of clarity: if nobody in the company can explain exactly what data the passport contains and who has access to it, that information must still be obtained before the council can form an opinion. A third cause is that the request comes too late on the agenda in relation to the date by which you think you need the passport, creating time pressure that does not help the conversation.
It helps to have an overview in advance of what the passport does and does not record, and of the steps you have already taken. On the knowledge base with explanations per topic you will find background that you can use to compile that overview, regardless of whether worker participation is formally required in your case.
What you can do yourself to avoid delay
Start the conversation with the works council before the choice of a software supplier is final, not after. Explain in plain language what changes for employees who will work with the passport, and what does not change. Set down on paper which data are recorded and who gets access to it; this prevents the council from having to investigate it itself. And plan the process independently of an external deadline, so that you do not ask for agreement under time pressure.
A brief self-check can provide clarity about where your company stands before you have the conversation internally. With a few questions you immediately see an indication of your situation, and on the page with frequently asked questions are the points that entrepreneurs most frequently raise with us about co-determination and the product passport. For the question of how we collect data and where it comes from, read more on the page that explains where the information comes from.
For the precise scope of co-determination in your own organisation, it remains advisable to consult your works council, a lawyer or the works committee. If you want to first know where your company currently stands in relation to the digital product passport, do the free quick-scan or browse through the topics in the knowledge base.