What happens to the digital product passport if my company closes?
The passport remains in existence after business closure
The digital product passport of a product does not disappear when the company that placed the product on the market ceases to exist. The ESPR (Regulation (EU) 2024/1781) links the accessibility of the passport to the product itself, not to the continued existence of the manufacturer or importer. This means that the data must remain stored somewhere and must remain accessible, even if there is no company actively managing it. In practice, this works through two channels: the passport itself, which continues to point via a QR code or comparable data carrier to the stored data, and the central register in which a unique identifier and basic data of the product are entered. As long as these two things remain intact, the passport remains accessible, regardless of what happens to the company itself.
For whom this obligation applies and does not
This obligation affects companies that have placed a product on the market for which a product passport has been made mandatory in a delegated act under the ESPR. It is not every company and not every product: as long as no delegated act with a passport requirement has been adopted for a product category, this question does not yet apply there. Moreover, this specifically concerns the accessibility of the data in the passport — not other matters that come into play upon business closure, such as warranty obligations, liability for defects, or tax settlement. These fall under other law and are not regulated by the ESPR. Whoever is looking for what happens to those other obligations upon closure will therefore not find that answer in Article 10 or 13.
The retention period of ten years
Article 10 of the ESPR prescribes that the passport must remain accessible for a period to be determined in the applicable delegated act, with a minimum of ten years. This period is thus fixed as a lower limit, regardless of what happens to the company during that period. What is not yet fixed for every product category is the precise starting point and exact duration per category: this is determined per delegated act, and for many product categories that act has not yet been published. Until then, the principle that accessibility must be secured for a longer period applies, but not yet a concrete, category-specific term for each product. Whoever is now having a passport prepared would be well advised to work on the basis of this minimum period of ten years as a practical reference point, rather than wait for each product category to be given its own period.
What this means for a business that is closing
For those closing or transferring their business, the sequence is roughly as follows. First, it is relevant which product is involved and whether a delegated act with a passport requirement already applies to it — without that obligation, this issue does not arise. Next, it matters who is currently listed as the responsible economic operator in the passport and in the register, as this is the point of reference for who manages the data. Then comes the practical question of where the data is physically hosted: if this is done by an external party that operates independently of the business itself, accessibility remains intact even when the business closes. In the case of sale, merger or transfer of the business, it is logical to have the registration align with the new responsible party, so that the passport continues to show a correct point of contact. And in the case of complete closure without a successor, the question remains of who continues the hosting relationship: a service that has been set up in advance to bridge the required period, regardless of the continued existence of the original business, prevents accessibility from being jeopardized after all.
Where this is based on: Article 10 and 13
The core of this answer follows from Article 10 of the ESPR, which establishes the requirements for the digital product passport, including the period during which the passport must remain accessible. Article 13 regulates the registry of digital product passports, in which a unique identifier and data on the product and the responsible economic operator are recorded — that registry is what makes it possible to continue linking a passport to a product, regardless of whether the original company still exists.
If you are currently transferring or winding down a business and have products that fall under a passport obligation, it is advisable to check where the passport data is hosted and whether that hosting remains functional independently of your own company, and to have the registration of the responsible party aligned with the new situation in a timely manner.
Where this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 10 (requirements for the digital product passport)
- Regulation (EU) 2024/1781 (ESPR), Article 13 (register of digital product passports)
The regulation itself is on EUR-Lex. We provide references for each claim; you do not have to take our word for it.
What you must do concretely
What is expected of you
A digital product passport exists independently of the company that had it drawn up. The ESPR requires that the passport remains available as long as the product is on the market and thereafter for a period that is determined per product group — see how long must a digital product passport remain available. The fact that this obligation is separate from the continued existence of the manufacturer or importer is precisely what matters in case of business cessation: the passport must not disappear because the company behind it disappears.
Transfer or cover the hosting obligation
Article 10 of the ESPR (Regulation (EU) 2024/1781) stipulates that the digital product passport must remain accessible via the data carrier on the product. For a company with 10 to 100 employees, this means in concrete terms: upon closure, sale of the business, or insolvency, there must be someone who continues hosting the passports, or a provision that handles this automatically. Anyone who themselves manages a server or system on which the passports are stored must therefore have a solution in place before business cessation — transfer to a buyer, placement with a third party, or a contractual hosting term that outlasts the business cessation. Anyone who has the passport hosted by a platform shifts this risk largely to that party, but the underlying question — who can still be held accountable for the content — does not disappear on its own.
Maintain registration in the European register
Article 13 of the ESPR requires registration of the digital product passport in the European register. See for how that works what is the register of digital product passports and what must I enter in it. Upon business cessation, the question remains who is named in that register as the responsible party and whether that entry still matches the actual situation. Data in the register that no longer matches the actual situation — for instance a company that no longer exists, while the passport is still online without a clear successor — is a situation better prevented than remedied afterwards.
Continuity of identification and links
Each product needs a unique identification code, see how do I give each product a unique identification code. Upon transfer of a business — for example sale of a brand or product line to another party — it is relevant whether those identification codes and the underlying links (think of what is GS1 Digital Link and do I need it for the digital product passport) are transferable without the QR code on already sold products breaking. A new owner who does not take over the identification codes, or links them to a different system, runs the risk that existing products on the market refer to a passport that is no longer updated or even no longer accessible.
Where things go wrong in practice
Insolvency without a hosting arrangement. A company with its own server infrastructure for the passports goes insolvent. The receiver focuses on creditors and assets, not on the question of whether thousands of QR codes on products on the market still refer to a working page. Without a previously agreed arrangement, access disappears quietly.
Business acquisition without transfer of passport management. An enterprise is taken over, the brand name goes with it, but passport management — including login details, hosting contract and register account — is not included as a separate point of attention in the acquisition documents. After the takeover, no one knows who maintains the passports.
Discontinuation of a product line, not of the business. A company continues to exist but discontinues one product group. Attention goes to the products that are still sold; the passports of the discontinued line are no longer maintained, while the products are still in use by customers for years and the availability obligation simply continues.
Merger of two companies with different passport platforms. Two companies, each with their own way of managing digital product passports, merge. Products of both brands remain on the market, but after the merger it is unclear which platform will continue to host which product group, and which register account contains which digital product passports.
Transfer of the brand name to another legal entity without an address change in the register. A company places a brand under a new private company — often for tax or structural reasons — but forgets to update the entry in the European register. The original legal entity then formally no longer exists, while it is still listed as the responsible party in the register.
What you can document
- A transfer agreement for the hosting of passports, included in acquisition or sales contracts, specifying who is responsible for continuity after the transaction how long must a digital product passport remain available;
- A current overview of which identification codes, links and accounts (as referred to in can I link the digital product passport to my ERP or inventory system) belong to which product group, so that a successor or receiver does not have to figure out from scratch what is where;
- A fixed procedure for updating the entry in the European register when there is a change of legal form, merger, split or transfer of a brand;
- Contact details and login credentials for the passport platform, stored separately from day-to-day operations, so that these can be found by a receiver or legal successor even in the event of dissolution or bankruptcy;
- A template clause for acquisition contracts that specifically addresses the continuity of digital product passports, including who bears the hosting costs after transfer;
- An overview per product group of the products still present on the market, so that when a product line is discontinued, it is clear which passports must remain accessible for some time despite the cessation of sales.
This is not legal advice. This page provides general information about the regulations that this platform concerns. 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 on the basis of the sources above, checked by a human on 2026-08-22. Is something incorrect? Let us know — corrections are given priority.