who is liable if there is an error in the product passport data

The party supplying the data bears responsibility for it

The responsibility for incorrect data in the product passport lies primarily with the party that supplied the data — usually the manufacturer, or the importer treated as a manufacturer in the EU. Article 27 of the ESPR (Regulation (EU) 2024/1781) places obligations on the manufacturer for the accuracy and completeness of product information. Tyrepas compiles the passport based on the data supplied, hosts it and provides the QR data carrier, but does not substantively verify that every technical value is correct. An error that can be traced to incorrect input lies with the source of that input — not with the platform that processes the data.

For whom this applies, and for which errors it does not

This responsibility applies mainly to manufacturers and importers who supply the source data, and to a lesser extent to distributors and traders who pass on the passport without changing its content. Whoever distributor or trader is and passes on the passport unchanged, is generally not the party responsible for the accuracy of the underlying technical data — that responsibility lies with whoever compiled the data. It is different for a private label: whoever sells tyres under its own brand and thus qualifies as a manufacturer, bears the obligations of Article 27 itself, even if the underlying production was carried out by a third party. A technical error arising from an incorrect test, measurement or calculation method falls under Article 39 of the ESPR, which sets requirements for the methods by which product data are determined — this is a different situation from a typographical error or incorrectly transcribed value in compiling the product passport. And an error resulting from deliberate circumvention or manipulation of performance data concerns Article 40, which is intended to prevent such circumvention and degradation of performance — this is again a different classification than an unintended input error.

The rules on liability have not yet been fully defined

As with all components of the digital product passport, the delegated act that will specifically flesh out the product group tyres has not yet been published. According to the ESPR work plan 2025-2030, it is expected in 2027, and tyrepas.eu expects to be operational with the tyre product passport around 2029 — a date that is not yet fixed and will be updated here as soon as the delegated act is published. Until then, it is already established that Article 27 places the obligation for correct and complete information with the manufacturer, and that Article 9 designates the digital product passport as an instrument for this purpose. What the delegated act for tyres may still add is the precise specification of which data are mandatory and how their accuracy is determined — this is not yet known.

What this means in practice for those working with the passport

Anyone now thinking about liability for incorrect passport data would be well advised to first establish what role they themselves play: manufacturer, importer, distributor, or brand owner. This distinction is decisive for the question of who supplies which data and therefore who is accountable for it; who is responsible for the product passport of tyres set out that division. Subsequently, it is useful to look at whether your own position falls within the definition of manufacturer or importer, as that classification determines whether Article 27 applies directly — am I an importer or manufacturer according to the ESPR goes further into it. When a manufacturer is located outside the EU, part of the responsibility shifts towards the party placing the product on the EU market; this is a point of attention in itself, elaborated under the question of who manages the passport if the manufacturer is located outside the Union. Anyone supplying data themselves to tyrepas.eu is well advised to have that data checked before it is processed, and to establish agreements with the party supplying the source data, such as a factory or importer, about who has determined which value. This makes it easier to trace where an error originated when one is detected.

Legal basis: Article 27, Article 9, Article 39 and Article 40 of the ESPR

This interpretation follows from the connection between Article 9 of the ESPR (Regulation (EU) 2024/1781), which introduces the digital product passport as a mandatory instrument for product information, and Article 27, which establishes the obligations of manufacturers with regard to that information — including its accuracy and completeness. Article 39 governs the test, measurement and calculation methods underlying product data, and Article 40 focuses on preventing circumvention and deterioration of performance. Together, these articles determine that responsibility for the content of the passport lies with the source of the data, not with the party that technically hosts or discloses the passport.

Anyone currently preparing a product passport for tyres is best advised to start by recording their own role — manufacturer, importer or distributor — and the agreements with the party supplying the technical data, so that if an error occurs, it is clear where it originated and who is accountable for it.

What this is based on

The regulation itself is available on EUR-Lex. We provide references per statement; you do not have to take our word for it.

What you must do concretely

What is expected of you

The manufacturer is responsible for the accuracy of the data

Article 27 of the ESPR (Regulation (EU) 2024/1781) establishes the obligations for manufacturers, and this also includes ensuring that the information contained in the product passport is correct. For a tyre manufacturer or importer acting as a manufacturer, this means that the technical files, test results and product characteristics supplied for the passport must be demonstrably correct at the time of entry. A company of 10 to 100 employees typically does not have a separate legal team for this — in practice it is usually the quality manager or someone in the technical department who compiles and supplies the data. If you are uncertain whether that role lies with your own company, you can check this in Who is responsible for the digital product passport for tyres?.

Data must be traceable to a recognised measurement method

Article 39 of the ESPR (Regulation (EU) 2024/1781) describes that test, measurement and calculation methods must be used to determine product data. This directly touches on the liability question: an error in the passport can occur because the underlying measurement was not performed according to the correct method, or because incorrect test reporting was used when compiling the passport. For a company, this means that the test report underlying a passport must be kept and remain traceable — not just the final result, but also which method was used and by whom.

Performance must not be secretly deteriorated or circumvented

Article 40 of the ESPR (Regulation (EU) 2024/1781) addresses the prevention of circumvention and deterioration of performance. This is relevant when a tyre is technically modified after certification — a different rubber composition, a modified tread pattern — without the passport data being updated. The error then does not lie in the original measurement, but in the fact that the passport does not evolve with the product. For companies working with multiple product variants, this is a real point of attention: any modification to a tyre type requires a check to ensure the corresponding passport is still accurate.

The passport must remain accessible and up to date

Article 9 of the ESPR (Regulation (EU) 2024/1781) describes what a digital product passport contains and what requirements apply to the accessibility of the data. An error can also occur after publication: if data were correct when created, but are not maintained when something changes in the product or the underlying documentation. Whoever hosts the passport generally remains responsible for the accuracy of the content — the platform processes and discloses the data, but does not establish it itself.

Where things go wrong in practice

A few situations recur regularly in practice.

With import of tyres from outside the EU the technical information is sometimes taken literally from the manufacturer without further verification. If that data proves to be incorrect, the question arises who in the EU can be held accountable for it — often it is the party that fulfils the role of manufacturer or importer according to the ESPR, regardless of who originally made the error. More on this is available on I sell tyres under my own brand — what obligations do I incur? and on My manufacturer is located outside the EU — who arranges the product passport then?.

A second situation: a product change is not communicated to the party managing the passport. A supply partner adjusts the composition of a tyre type, but nobody notifies the party that currently holds the passport. The passport then continues to show the old specifications while the physical product has changed.

A third: test reports that no longer align with the method used. Test results from an earlier period are reused for a new passport, without checking whether the measurement method still complies with what Article 39 requires. That produces a passport that is factually based on outdated or unsuitable data.

A fourth situation arises with resale via an intermediary. A distributor or trader takes over data from the manufacturer and places it, possibly with minor adjustments to packaging or labelling, without themselves verifying whether the underlying information is still correct. The exact role a distributor plays in this is described on What obligations does a distributor or dealer of tyres have?.

A fifth: sales via an online marketplace, where it is unclear who provided the data in the passport and who checks it before the tyre reaches the consumer or fleet manager. This raises the question of who bears what responsibility in the sales chain, discussed further on What does the product passport mean if I sell tyres through an online marketplace?.

What you can record

To be able to trace and explain an error in the data later, it is practical to record and retain the following:

The test report or measurement data underlying each value in the passport, stating the method used.
Who provided the data for the passport — a name, job title or department, not just a company name.
A change log for each adjustment to a tyre type, with date and description of what changed in the product.
Correspondence with the manufacturer or supplier about the accuracy of provided specifications, especially when data are passed on without verification.
An overview of which party fulfils which role in the chain — manufacturer, importer, distributor — so that when an error is flagged, it is quickly clear who provided the original data.
Agreements on maintenance of the passport after publication, so that it is established who is responsible for implementing corrections when an error is discovered.

For companies unsure whether they fall under these obligations at all, it is advisable to first determine which role applies; see Am I an importer or manufacturer according to the ESPR?. This record does not replace legal advice, but does give a company a basis to demonstrate what steps have been taken to keep the data in the passport correct.

This is not legal advice. This page provides general information about the legislation 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 based on the sources above, reviewed by a human on 2026-09-05. Is something incorrect? Let us know — corrections are given priority.