21 August 2025

Product compliance: From safety to sustainability

  • Articles
  • Legal
  • Governance / ESG

Product compliance has long been about more than just product safety. In the EU — and, with some adjustments, in Switzerland too — the focus is now on sustainability, transparency, and the circular economy. Companies must not only ensure that their products do not pose a risk, but also that they are sustainable, repairable, and traceable.

  • Adrian Peyer

    Legal Partner

1. European Union: A new regulatory triangle
In addition to the classic safety regulations (Product Safety Regulation, CE marking), a new sustainability package is coming to the fore:

a) Battery Regulation (EU) 2023/1542
In force since August 2023, this applies to all batteries (industrial, vehicle, household, and device batteries, and in future also e-bike and e-car batteries) and requires:

  • Sustainability and safety requirements: limits for CO₂ footprint, mandatory information on ingredients.
  • Repair & recycling: From 2027, device batteries must be removable.
  • Digital Battery Passport: From 2027, every traction and industrial battery must be equipped with a digital passport (data on origin, recycling, service life).
  • Supply chain due diligence: Companies must check raw material supply chains for human rights and environmental issues.

Relevance: Electric car manufacturers, the e-bike industry, the electronics industry, but also importers and retailers are directly affected.

b) Ecodesign Regulation (ESPR, in force since July 2024)
The new Ecodesign for Sustainable Products Regulation replaces the old Ecodesign Directive. It extends the requirements of pure energy efficiency specifications to all product groups:
  • Lifespan & repairability: Products must be easier to repair, disassemble, and maintain in terms of software.
  • Circular economy: requirements for recyclability, material efficiency, and reusability.
  • Ban on the destruction of unsold goods: e.g., textiles and electronics.
  • Information requirements: Manufacturers must provide detailed sustainability information.

Relevance: Virtually all consumer and capital goods, from textiles to IT hardware, are affected.

c) Digital Product Passport (DPP)
The digital product passport is the "backbone" of the new EU sustainability regulation and the ESPR. It will be accessible via QR code or NFC chip and will apply to many product categories over the next few years:
  • Contents: Information on raw materials, energy consumption, carbon footprint, reparability, recyclability, availability of spare parts.
  • Link: Based on ESPR and the Battery Regulation.
  • Areas of application (first waves): Textiles, batteries, electronics, construction products.
  • Use: Authorities, consumers, recycling companies, and business partners can view the same data.

Relevance: Companies must set up digital systems that document their supply chains in a transparent and tamper-proof manner.

2. Switzerland: Convergence with national leeway
Switzerland frequently adapts its regulations to those of the EU in order to avoid trade barriers:

  • The Product Safety Act (PrSG) remains the basic framework.
  • Batteries: Switzerland also relies on take-back and recycling obligations, but will not automatically adopt the EU requirements.
  • Ecodesign & sustainability: No comprehensive regulation of its own as yet. However, with the Climate Act (in force since January 1, 2025) and amendments to environmental law (April 1, 2025), Switzerland is also moving toward sustainability and a circular economy.
  • Digital Product Pass: Not yet introduced in Switzerland, but unavoidable for companies if they want to serve the EU market.

Swiss companies that export to the EU must comply with EU requirements in practice, even if Swiss law does not (yet) go as far.

3. Recommendations for action for companies

1. Check the legal situation early on
  • Identify which EU regulations apply to your products (Battery Regulation, ESPR, DPP, etc.).
  • Bear in mind that transition periods are short (e.g., battery passport from 2027).
2. Adapt product development
  • Design for sustainability: Plan for repairability, recyclability, and CO₂ transparency right from the development phase.
  • Set up IT systems for the Digital Product Passport.
3. Make the supply chain transparent
  • Collect data on raw materials, recycling, and carbon footprint.
  • Review contracts with suppliers for information and due diligence obligations.
4. Extend CE conformity
  • Not only comply with safety standards, but also document sustainability requirements.
  • Keep technical documentation available for market surveillance.
5. Consider Switzerland's special role
  • Check whether national requirements (e.g., for chemicals or medical devices) trigger additional obligations.
  • Compliance with local regulations is mandatory for exports to the EU.
6. Use compliance as a USP
  • Actively market transparency (e.g., via DPP data) to customers and investors.
  • Sustainability + legal certainty = competitive advantage.


4. Conclusion
The EU is shifting product compliance from product safety thinking to a sustainability and transparency regime. Switzerland is not being left out – export-oriented companies in particular will have to adapt.

Product compliance in 2025 means: CE + CO₂ + data passport.
Those who start adapting their processes and systems today will save costs tomorrow and retain market access.

We at MME Legal | Tax | Compliance are happy to provide you with comprehensive and pragmatic support.


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