Does the product passport also apply to small businesses?
Small businesses are also subject to the digital product passport obligation
Yes, the obligation to provide a digital product passport applies in principle also to small businesses. The ESPR (Regulation (EU) 2024/1781) links the obligation to the product placed on the market, not to the size of the business placing it there. A sole trader importing clothing that falls under the first delegated act faces in principle the same task as an international clothing brand. Article 22 of the ESPR, which specifically addresses small and medium-sized enterprises, does not provide an exemption from that obligation. It provides support: measures to help smaller businesses meet the requirements, not an exception to the requirements themselves.
Who this applies to, and what Article 22 does not regulate
The digital product passport obligation affects manufacturers, importers and private label parties placing qualifying clothing or textile products on the EU market — regardless of the number of employees or turnover of that business. Article 22 itself is not a provision that says "below a certain size this does not apply". It is a provision that requires Member States and the Commission to support small and medium-sized enterprises in meeting the ecodesign requirements, for example with information, technical assistance or other accompanying measures. What therefore does not follow from this: a turnover threshold, a staff threshold or a category of "small business" that is exempted from the obligation. Anyone looking for such a threshold in the ESPR itself will not find it in Article 22. Whether a specific business falls under the obligation depends on the product it places on the market and on the delegated act that is established for that product group — not on the size of the business.
The date is not yet fixed, but the order is
There is no fixed date yet for when the digital product passport obligation for clothing will come into force. What is fixed is the planning as it follows from the European Commission's work plan for the ESPR: the delegated act for textiles is expected around 2027, and within that timeframe clothing with eighty per cent or more textile fibres will be the first category to be addressed. Smaller businesses are in the same order as larger businesses — there is no indication that small businesses will have a later entry date than large ones. Until the delegated act is published, there is no concrete obligation for anyone to provide a passport yet; it is however clear which product group will be worked on first. As soon as the act is published, the date will be updated on this platform.
What this means for a small business, step by step
If you run a small business and place clothing or textiles on the market, you can look at the matter in this order. First: check whether it is clothing that falls under the first delegated act, i.e. with eighty per cent or more textile fibres — this determines the urgency, not the size of the business. Next: do not assume that small scale automatically means exemption, because that exception is not in the regulation. Then: look at what support becomes available under Article 22 — think of technical assistance, information or guidance specifically set up for smaller businesses, for example via a sector organisation or the national implementing authority. Finally: map out in advance which product data (material, origin, composition) are already available, so that putting together a passport later will cost less effort — this is something a small business can prepare for just as well as a large business, and where the size of the organisation does not need to be a barrier.
Where this is set out: Article 22 ESPR
That small and medium-sized enterprises are not exempted, but are entitled to supporting measures, follows from Article 22 of the ESPR (Regulation (EU) 2024/1781), titled "small and medium-sized enterprises". That article concerns the role of Member States and the Commission in guiding smaller enterprises, not an alternative scope of the product requirements themselves. The scope of the obligation — which products, and thus which enterprises, fall under it — follows from the delegated act per product group, not from Article 22.
What to do
Those wishing to prepare now should best start by inventorying the material composition of their own clothing line — in particular whether and where products exceed eighty per cent textile fibres — and record that so it can easily be transferred later to a product passport. For the current state of the delegated act and any entry into force date, this page is the point of reference: as soon as there is news, it will be updated here.
What this is based on
The regulation itself is available on EUR-Lex. We provide references for each statement; you do not need to take our word for it.
What you must do concretely
What is expected of you
Article 22 of the ESPR (Regulation (EU) 2024/1781) takes small and medium-sized enterprises into account, but this does not mean there is a general exemption for clothing and textiles. The regulation tasks the European Commission with taking into account the position of small and medium-sized enterprises in delegated acts, for example through longer transition periods, lighter administrative burdens or supporting measures. What this concretely means for clothing and textiles will only be established once the delegated act for that product group has been published. See for the broader explanation of that mechanism what a delegated act is and why it determines what must be done.
Checking whether the enterprise falls within the scope of the regulation
An enterprise with 10 to 100 employees that places clothing or textiles on the European market falls in principle within the scope of the ESPR once the delegated act for that product group enters into force — the size of the enterprise does not change that in itself. In practical terms, this means that a small or medium-sized enterprise cannot rely on the assumption that the rules apply only to large brands. Which products exactly fall within the regulation is described on the page about which clothing and textile products fall under the ESPR.
Following whether specific SME provisions are included
Article 22 obliges the Commission to consider, when drawing up delegated acts, whether adapted requirements, longer periods or supporting instruments are necessary for smaller market participants. For an enterprise of this size, this means it is worthwhile to follow the final text of the delegated act for clothing and textiles once it is published, rather than making assumptions now about exemptions. The expected timeline and the status of that act are on the page about when the product passport becomes mandatory for clothing and textiles.
Still preparing with basic information about products
Even if adapted provisions for smaller enterprises come later, the underlying information about materials, origin and composition will still be needed to compile a passport. For an enterprise of this size, this means it is practical to check now which data are available from your own manufacturer or supplier, so that there is no backlog when the obligation actually takes effect. A general overview of what a passport contains is on the page about what a digital product passport for clothing and textiles actually is.
Assessing whether any lighter requirements apply to your own products
A possible relief for small and medium-sized enterprises in a delegated act usually applies to a particular product category or a particular phase of the obligation, not automatically to the entire assortment of an enterprise. An enterprise that sells clothing as well as accessories, workwear or interior textiles does well in practice to check per product group whether any exemption applies. That distinction is covered on the pages about product passports for shoes, bags and belts, product passports for workwear and uniforms and product passports for household textiles such as curtains and sheets.
Where things go wrong in practice
A first situation where things go wrong: an enterprise assumes it is "too small" to fall within the regulation, without that assumption being based on a concrete provision. Article 22 concerns the way the Commission takes into account smaller enterprises when drawing up rules, not a generic exemption.
A second situation: an enterprise delays collecting basic data on materials and origin, assuming that there will be a postponement anyway. If no postponement for the enterprise's own product group is included in the delegated act, time pressure will nevertheless arise.
A third situation: a company reads about a lighter regime for small enterprises in another dossier — for example within extended producer responsibility — and assumes that the same exception also applies to the digital product passport. These two regulations are separate from each other, which is explained on the page about extended producer responsibility for textiles and its relationship with the digital product passport.
A fourth situation: a company relies on a published draft of the delegated act, while the final text may still change. Provisions on small and medium-sized enterprises may be adjusted in the final phase of a legislative process.
A fifth situation: a company thinks that the ESPR and the European textile strategy have the same scope and the same exceptions, while these are separate policy frameworks with their own status. The difference between them is explained on the page about the distinction between the ESPR and the European textile strategy.
What you can record
- An overview of the company's own product categories (clothing, accessories, workwear, interior textiles) and for each category the status of the applicable delegated act.
- A note with the date and source of the last consulted text of Article 22 of the ESPR, so that it is clear which version has been assessed.
- An overview of the suppliers and manufacturers that can provide material and origin data, even when the obligation is not yet active.
- A note on any separate treatment of samples or unsold products, in connection with the question of whether a digital product passport is required for showroom samples that are not sold.
- A fixed moment in the year to check the status of the delegated acts, instead of concluding once that the company is "too small" and leaving this matter alone.
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 wrong? Let us know — corrections are given priority.