What does the digital product passport mean if I sell electronics via an online marketplace?
Seller and marketplace both have a role
Whoever sells electronics via an online marketplace is subject to two different obligations: those of the selling party itself, and those of the marketplace on which the product is offered. The obligation to provide a digital product passport lies fundamentally with whoever places the product on the market — usually the manufacturer or the importer. A seller who acts as a trader on a marketplace has an additional role: to verify that the product offered has a valid passport before it is offered. The marketplace itself — the platform, separate from the individual sellers on it — has under the ESPR a separate set of obligations. For an entrepreneur who sells via such a platform, this means that the passport must not only "be somewhere" with the manufacturer, but that something must also be visible or verifiable at the point of sale itself.
Who this applies to, and who it does not
These obligations are directed at parties who act as distributors or traders: whoever offers a product in the context of a business or professional activity. Private sales, where a consumer resells something to another consumer without any commercial activity behind it, generally fall outside of this. The marketplace itself is subject to different rules: these concern the role of the platform in making passport data visible and cooperating with supervisory authorities, not the content of the passport itself.
It is also important that this only applies to product categories for which the obligation to have a digital product passport has actually been established. The ESPR is a framework regulation; for each product group — for example, a specific type of ICT equipment or household appliances — a separate delegated act sets out exactly what must be included in the passport and from when this applies. As long as that act does not exist for a category, the obligation for that category does not yet apply, not even on a marketplace.
No fixed date yet, but a work plan
There is no fixed start date yet for electronics and ICT equipment. According to the ESPR Work Plan 2025-2030, the delegated acts for these categories are being developed per sub-category, with an expectation that the first ones will be published from 2027 onwards. That is a schedule, not a commitment — the actual date is only fixed once the relevant act has been published. Until then, nothing changes for sales via a marketplace regarding the existing rules on product information, CE marking and the like; the product passport obligation will then be added on top of that per category.
What this means for the sales experience on a marketplace
For those already selling via a marketplace, the first step is to determine which role applies: does the seller act as a manufacturer/importer (then the obligation to compile the passport lies with that party), or as a trader who resells products from another (then it is mainly about verifying and not offering without a valid passport, once that becomes mandatory for the relevant category)? These two roles lead to different actions.
A second step is to follow when your own product category is due. Because this is regulated separately per sub-category, the date for, for example, a refrigerator is different from that for a laptop or a smartphone. Once a delegated act has been published for a category, it will also set out what must be included in the passport and how the QR code or other data carrier must be attached to the product.
A third point is that whoever sells via multiple marketplaces at the same time can take into account that each platform may have its own way of displaying passport information, while the content of the passport itself must be the same everywhere. The passport itself does not change per sales channel — it is up to the platform how it is displayed or linked through.
Where this is laid down: Articles 30, 31 and 35 ESPR
The obligations of distributors and dealers — including sellers offering via a marketplace — are set out in Articles 30 and 31 of Regulation (EU) 2024/1781 (ESPR). The separate obligations for online marketplace providers and search engines are set out in Article 35 of the same regulation. Both sets of obligations only take concrete effect once the corresponding delegated act with the substantive requirements for the product passport has been adopted for a product category.
If you are already selling electronics via a marketplace, you can now map out which role applies — manufacturer/importer or dealer — and keep track of when a delegated act appears for your own product category. Elektropas monitors these publications per product subcategory and updates the information on this page as soon as a date and the corresponding requirements are known.
What this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 35 (obligations of online marketplace providers and search engines)
- Regulation (EU) 2024/1781 (ESPR), Articles 30 and 31 (obligations of distributors and dealers)
The regulation itself is on EUR-Lex. We provide references per statement; you do not have to take our word for it.
What you must concretely do
What is expected of you
Anyone offering electronics via an online marketplace faces two layers of obligations: those of the marketplace itself, and those of the seller offering products on it. Article 35 of the ESPR (Regulation (EU) 2024/1781) describes what is expected of the online marketplace provider; Articles 30 and 31 describe what is expected of distributors and traders. For a company selling via such a platform itself, the second layer is particularly relevant — but it is good to know that the marketplace is not exempt from obligations either.
The marketplace checks whether a product passport exists
Article 35 describes that online marketplace providers have a role in ensuring that products offered via their platform are provided with the required information, including the product passport. For a seller with 10 to 100 employees, this means in practice that a marketplace can request submission of the passport or the QR data carrier before a product listing may go online, or that a listing without a valid passport can be refused or removed. This is not a theoretical scenario: platforms are building in such checks to meet their own obligations.
As a trader or distributor, you remain responsible
Articles 30 and 31 describe the obligations of distributors and traders, and these apply in full to anyone selling via a marketplace — the sales channel does not change the role a company has in the supply chain. Anyone reselling products without manufacturing or importing them themselves checks whether the product passport is present and whether the basic information is correct, before the product is offered. What this means in practice is detailed on the page about what obligations a distributor or trader of electronics has. For a mid-sized company, this usually means that a fixed control moment is built in when purchasing new items, rather than each passport being assessed anew with each sale.
The role determines the obligation, not the platform
A recurring point is that the sales channel — own webshop, marketplace, wholesale — does not determine which obligations apply. What matters is the role: manufacturer, importer, distributor or trader. Anyone uncertain about their own role will find a detailed explanation on the page who is responsible for the product passport of electronics. This is relevant because a company selling products via a marketplace under its own brand name has a different position than a company reselling existing products from another manufacturer.
When importing from outside the EU, an additional role comes into play
Selling via a marketplace often goes hand in hand with purchasing outside the EU, directly from a factory or supplier. In that case, not only the role of distributor or trader is at issue, but possibly also that of importer. What is important in this regard is described on the page am I an importer or manufacturer according to the ESPR. For a company of this size, this is often the point where the most confusion arises: the marketplace itself does not compile a passport, so that responsibility lies with the party that brings the product to market in the EU.
Where things go wrong in practice
A few situations come up more often in practice.
A product listing goes live before the passport is ready. The marketing text and photos are ready, the deadline for a sales promotion is approaching, and the passport will be added "later". If a marketplace is already checking for the presence of the passport at that point, this results in a refused or removed listing.
One passport is used for multiple variants. A product offered in two colours or two power versions often receives two separate listings on a marketplace — but the passport belongs to a specific model, not to the listing.
The seller thinks the marketplace takes care of the passport. Because the marketplace checks whether a product passport exists, it is assumed that the marketplace also compiles or hosts it. That is not the role of the platform; that role lies with the manufacturer or importer.
Upon resale between EU countries, it is assumed that nothing changes. A product with a valid passport already being sold in another EU country appears to be able to be sold via a Dutch marketplace without further action. What does and does not automatically apply in this regard is explained on the page about reselling a product already purchased within the EU.
With a private label on an existing product, the obligation is underestimated. Some sellers have an existing product provided with a private label or packaging before it is placed on the marketplace. This changes the role in the chain, with own obligations — described in more detail on the page I sell electronics under my own brand.
What you can document
- An overview per product group of who compiled the product passport and where it is hosted, so that this is immediately available during a marketplace check.
- The correspondence with the manufacturer or importer in which it has been agreed who supplies and keeps the QR data carrier current.
- A fixed control moment when setting up a new product listing, with a fixed checklist for whoever executes this.
- Documentation on the own role in the chain (manufacturer, importer, distributor or trader) per product group, including the substantiation thereof.
- Agreements with the marketplace itself on how and when the product passport or QR code must be supplied when creating a listing.
- In case of doubt about who made which error in the data: document who supplied which information, relevant to the question who is liable if there is an error in the product passport.
This is not legal advice. This page provides general information about the regulations that this platform covers. We are not familiar with 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 incorrect? Let us know — corrections take priority.