Digital Product Passport Regulation: Right To Repair

The Right To Repair directive is majorly concerned with the repairability of products. The RTR Act contains the rules created by the US government to support product repair in the country, while Europe also has their own version of the Right To Repair. The European RTR is part of the major goals of the European Green Deal, that aims to make Europe more sustainable, and reduce waste.

The Right To Repair covers both the demand and the supply aspects of a product. On the supply side, there is the goal of making products more repairable. The Right To Repair Act in the US sets the framework for product repairability at the production phase. It focuses on the design requirements and availability of spare parts in the market.

For the demand aspect of the Right To Repair, the proposal adopts the promotion of repair and reuse of defective products within and outside the legal guarantee.  In this article, we’ll take you through everything you should know about the Right To Repair Act in the US, Europe, and how they relate to Digital Product Passports.

The Right To Repair Act In The US

The right to repair in the United States has to do with enabling consumers to be able to repair their lawfully purchased products directly, or with a repair service of their choice. This notion was set in place in contrast to returning products to manufacturers to have them repaired.

Most products produced in the US today are protected by IP rights. Many products have software or technological devices embedded in them, which are IP protected. The Digital Millennium Copyright Act in the US makes it illegal to circumvent embedded copyright technological measures. This includes smartphones, medical equipment, and other appliances.

On July 9, 2021, the United States President signed an executive order, where one of the directives was to encourage the Federal Trade Commission to make new regulations stopping producers from preventing individuals and repair shops from repairing products. On December 29, 2022, the state of New York signed the first right to repair law for electronics, known as the Digital Fair Repair Act.

What Is The Right To Repair In The EU?

The proposal for the European Right To Repair directive was published on 22nd March, 2023, and it amends the current EU 2019/771 Directive on contracts for selling goods. The European Commission emphasized that over the past years, replacement has been more common than repair.

When products become defective, people rather just replace them instead of considering repairs. The Commission also stated that insufficient incentives go out to end users to repair goods at the expiration of the legal guarantee. This welcomes the introduction of the directive proposal.

Promoting repair is a suitable remedy for consumers when the product becomes defective or doesn’t conform with the legal agreement. The proposal also calls for further development when it comes to repairability and incentives for producers and sellers to develop more sustainable products and processes.

The Right To Repair directive is designed to make the repair of defective products more affordable and convenient. Repairing a product prolongs its expected lifespan and is especially desirable when it comes to sustainability. For example, less than 40% of electronic and electrical waste is recycled in the EU.

The Right To Repair directive is an integral part of the European Union’s Circular Economy Action Plan, the New Consumer Agenda, and the European Commission’s goal of achieving a climate-neutral Europe by 2050. It is also strongly linked to DPP.

The proposal includes obligations for both producers and consumers in the supply and demand chain.

Ecodesign Regulation And Repairability 

The proposed Ecodesign regulation is closely interlinked with the Right To Repair. The European Commission will come up with various requirements that will improve specific aspects of a product.

The aspects include repairability, reusability, and maintenance of products.

The requirements of the Commission must be implemented during the production stage of the products, which makes them very relevant to product design and part availability. Some of the parameters to be used as a basis for improving the ease of reuse, repair and maintenance in the EU include:

• The characteristics of the product
• The availability of spare parts and the time it takes for delivery
• The presence of repair and maintenance instructions
• Compatibility with readily available spare parts
• The components and number of materials used
• The ease of non-destructive assembly and disassembly
• The complex tools and processes involved
• Conditions to access the required software or hardware 
• Conditions to access product data 

What Links The Right To Repair With DPP

The right to repair in the US and EU have similar goals. Promoting sustainability by improving repair rights. The right to repair in the EU and US are also closely linked to Digital Product Passports in the sense that the necessary information needed to repair products correctly are present in DPPs. 

This means DPPs have a major role to play for the successful adoption of the right to repair in both the United States and Europe. 

Information Requirements For DPP Repair Rights

Consumer Information On Repair Rights

End users or consumers should have access to precise and clear information about the repair obligations and services of any product. Providing the necessary information online allows more data to be transmitted and updated as at when due.

The compulsory online information can be made available by employing methods like the EU’s Digital Product Passports, which transmit information using data carriers like QR codes.

Online Repair Information Platform

In addition to providing information about the products repairability, each member state of the EU must also create an online platform to link end users with repairers and manufacturers around them. This makes it easier for consumers to repair old or defective products.

To protect consumer trust and safety, it is important for the European Commission to delay the launch of the national Repair Rights until there is a standard quality for repair services.

Final Words 

Repair work that is carried out by a professional or qualified personnel will undoubtedly be more reliable and safe than other methods. The Digital Product Passport Right To Repair directive aims to promote the introduction of important repair information to reduce wastage in Europe.

Repairability is an essential aspect of sustainability. Therefore, the DPP Right To Repair legislation is closely linked to the European Union’s Circular Economy Action Plan and Ecodesign directive.

To learn more about the DPP, book a call with our expert today.