Operationalising Circularity: Legal, Technical, and Governance Dimensions of Digital Product Passports in EU Construction Procurement

Abstract

Public procurement can function as a powerful governance tool for embedding circular economy principles in the construction sector and reducing its environmental impacts. Digital Product Passports (DPPs) are increasingly promoted as a key mechanism to support this transition, as they provide product-specific data on material composition, environmental performance, repairability and end-of-life pathways, enabling procurement decisions based on lifecycle considerations rather than price alone. The EU is leading this development by mandating DPPs for construction products under the Ecodesign for Sustainable Products Regulation and the revised Construction Products Regulation, requiring public authorities to engage with DPP data in tendering and contract award processes. This paper argues that DPPs are not neutral technical tools but regulatory instruments that redistribute responsibilities across construction supply chains and reconfigure data governance and accountability. Drawing on comparative examples, it identifies key legal, technical and institutional challenges and proposes recommendations to ensure DPPs support circular construction outcomes.