The most common mistake in procurement contracts for electronics is that companies assume their supplier or manufacturer will automatically provide the data for the digital product passport without this being recorded anywhere. Once the passport becomes mandatory for a product category, it turns out that no one is contractually designated to provide, update or correct the data if something changes.
The mistake is not in the technology and not in the data itself, but in the agreement about it: who supplies what, in which format, and who is accountable if data is missing or outdated. Without that agreement, you usually discover the problem at the worst possible moment, namely when the passport is already mandatory and the data is not there.
Why this is often overlooked
Procurement contracts for electronics were often drawn up years ago, well before there was any such thing as a digital product passport. They regulate price, delivery time, warranty and liability, but not who is responsible for product information that only becomes mandatory later. Companies that conclude a new contract today often adopt an existing template without adding this section, simply because it is not yet a standard clause.
Moreover, the regulation itself makes a distinction between roles in the supply chain, such as manufacturer, importer and distributor. Who exactly bears which obligation depends on that role and on the product category. A contract that does not address this leaves unclear who within your own supply chain is responsible once the delegated act for your product category takes effect.
Which agreements are often missing
In practice, three things are usually missing. First, an agreement on which data the supplier provides and in which format, so that you do not have to reconstruct it yourself. Second, an agreement on the timing of delivery, for example with each new shipment or with each change in composition or origin. Third, an agreement on what happens if data is missing or proves to be incorrect: who corrects it, and within what timeframe.
Without these three points, you as an importer or buyer are left alone at the moment the data is needed, while the source of that data lies with your supplier. This is not necessarily a matter of ill will, but of a contract that has simply never been tested on this subject.
What you can document now, even if the obligation does not yet apply
You do not have to wait for the delegated act for your product category to be published to make agreements about this. Contractually, you can already document that the supplier cooperates in providing product information once this becomes legally mandatory, and that this information will be made available upon request. That is a different agreement than filling in the passport itself, and therefore also feasible before the exact requirements are known.
It helps to conduct this conversation in a structured way, with concrete questions about origin, composition and documentation that the supplier already has. the knowledge base with explanations for each situation set these topics alongside each other, so you know which questions apply to your product category. If you first want an indication of whether and when this will apply to your products, then the product scan with a few short questions provides an initial direction.
When this becomes relevant for your company
Whether and when a contract clause on the product passport is necessary depends on your role in the supply chain and on the product group you import, sell or use. For some product groups, the delegated act has not yet been published; for others, the date is already known. As long as that date is not fixed, the subject is already relevant for a contract, precisely because contracts are often concluded for several years.
If you have questions about how we collect and process data when compiling a passport, you can read about that on the page on how the data is created. For the exact legal division of responsibilities between manufacturer, importer and distributor in your own situation, a lawyer or the competent supervisory authority is the appropriate contact point.
Check for yourself where you stand
Adjusting a contract takes little time as long as the obligation is not yet urgent, and much more time once it is. If you first want to see which subjects are relevant for your product group and role in the supply chain, do the free quick-scan or browse through the subjects in the frequently asked questions about the digital product passport.