On 20 November 2024, Regulation (EU) 2024/2865 (an update to the CLP Regulation) was published. It introduced a number of changes concerning the labelling of products and key provisions from the perspective of the e-commerce sector. However, in this article we will focus on a specific aspect of CLP labelling – the possibility of using a digital label.

What is CLP digital labelling?

 

Digital labelling refers to the possibility of providing some of the required CLP label information electronically, e.g. via a QR code or barcode (the regulation refers here to the term "data carrier"). The exact definition introduced by Regulation (EU) 2024/2865 reads:

“data carrier: means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device”

Does the CLP digital label replace the physical label?

 

Article 34a of the CLP Regulation stipulates:

1. The label elements for substances and mixtures referred to in Article 17 shall be provided on a label in a physical form (“physical label”). In addition to the physical label, the label elements referred to in Article 17 may be provided in a digital form (“digital label”).
2. By way of derogation from paragraph 1, suppliers may provide the label elements set out in section 1.6 of Annex I on a digital label only.

Where the label elements set out in section 1.6 of Annex I are provided on a digital label only, suppliers shall, upon oral or written request or when the digital label is temporarily unavailable at the time of purchase of the substance or mixture, provide those label elements by alternative means. Suppliers shall provide those elements independently of a purchase and free of charge.

As we can see, the digital CLP label cannot replace the physical label, but it may be used in parallel. Only the elements listed in section 1.6 of Annex I to the CLP Regulation may be provided solely on the digital label. However, these are highly specific cases, which means that the scope of application for the digital CLP label is currently very limited.

It is also not permitted to use the digital label as, for example, a carrier of labelling in languages other than those present on the physical label.

How to use the CLP digital label?

 

If we want to use digital labelling, the technical requirements for this type of label are set out in Article 34b:

(a) all label elements referred to in Article 17(1) shall be provided together in one place and separately from other information;

(b) the information on the digital label shall be searchable;

(c) the information on the digital label shall be accessible to all users in the Union and shall remain accessible for a period of at least 10 years or for a longer period where required by other Union legislation;

(d) the digital label shall be accessible free of charge, without the need to register or to download or install applications, or to provide a password;

(e) the information on the digital label shall be presented in a way that also addresses the needs of vulnerable groups and supports, as relevant, the necessary adaptations to facilitate access to the information by those groups;

(f) the information on the digital label shall be accessible with no more than two clicks;

(g) the digital label shall be accessible through digital technologies widely used, and compatible with all major operating systems and browsers;

(h) where the information on the digital label is accessible in more than one language, the choice of language shall not be conditioned by the geographical location from which that information is accessed.

What can be provided through digital labelling?

 

As mentioned earlier in this article, exclusively digital labelling has a very limited scope of application, since all core information is still required on the physical CLP label. This means that, at least for now, digital labelling can only be introduced in addition to, but not instead of, the physical label.

Does this mean we should treat it merely as a novelty? It seems more like a litmus test of the direction legislation may take in the future. However, for digital labels to replace (or at least partially take over the function of) physical labels, we need more extensive digitalisation of services and further technological advancement in society as a whole.

It is therefore worth monitoring the development of this solution, as its applicability may significantly increase in the coming years.

Summary

 

Digital labelling under the CLP Regulation is a step towards greater flexibility and modernisation – but only if full compliance with legal requirements is maintained. For many companies, it may become an opportunity to simplify logistics and labelling processes in the coming decade, but for now its use remains very limited.