"Will my competitors see my cell chemistry?" — one of the most common concerns manufacturers raise when they first hear about the battery passport. The answer: no, not without restrictions.
The EU Battery Regulation (EU) 2023/1542 does not make all battery data publicly accessible. Instead, Articles 77 and 78 together with Annex XIII define a differentiated access model with three clearly delineated tiers. Each tier determines who can access which data — from end consumers and market surveillance authorities to recyclers and repair operators.
This article explains the three access tiers in detail, identifies which specific data fields belong to each category, and clarifies how your trade secrets remain protected.
The 3 Access Tiers at a Glance
The EU Battery Regulation distinguishes three access tiers for the battery passport in Article 78(2). Each tier has a defined audience and a specified dataset:
| Tier | Access | Legal Basis | Data Scope |
|---|---|---|---|
| Tier 1 — Public | Anyone (QR code scan) | Annex XIII, Part A | Basic specs, CO₂, recycled content |
| Tier 2 — Authorities | Market surveillance, notified bodies, EU Commission | Annex XIII, Part B | Test reports, conformity documentation |
| Tier 3 — Restricted | Recyclers, repairers, second-life operators | Annex XIII, Part C | Material composition, SoH, dismantling |
This model ensures that transparency and trade secret protection are not mutually exclusive. Only data relevant for purchasing decisions and sustainability assessments becomes public. Sensitive data remains behind access barriers.
Tier 1: Publicly Accessible Data
Tier 1 covers the data defined in Annex XIII, Part A of the EU Battery Regulation. This information is accessible to anyone who scans the QR code on the battery or opens the battery passport URL. Think of this tier as the "nutrition label" of the battery — basic transparency for consumers, distributors, and the general public.
The following data categories belong to Tier 1:
- Manufacturer information: Name, trade name, and registered address of the manufacturer
- Battery identification: Battery type, model designation, batch or serial number
- Chemistry: Cathode and anode chemistry (e.g., NMC 811, LFP), electrolyte type
- Basic technical data: Rated capacity (Ah), rated voltage (V), weight (kg)
- CO₂ footprint: Carbon footprint per kWh across the lifecycle and the corresponding performance class
- Recycled content: Percentage shares of recycled cobalt, lithium, nickel, and lead
- Labeling: Symbols, labels, and pictograms per Article 13
- Collection and recycling: Information on separate collection, recycling symbols
- Due diligence: Summary of supply chain due diligence measures
Tier 1 answers the question: What is this battery, how sustainable is it, and where does it come from? It provides baseline transparency — not trade secrets.
Important: The chemistry declaration at Tier 1 level describes the category (e.g., "Lithium-ion, NMC"), not the exact stoichiometric composition. The difference between "NMC 811" and the precise weight percentages of active materials is significant — and that level of detail falls under Tier 3.
Tier 2: Authorities Only
Annex XIII, Part B defines the data accessible exclusively to market surveillance authorities, notified bodies, and the European Commission. This tier serves regulatory oversight — not market transparency.
Tier 2 data includes:
- Test reports: Results of tests according to the harmonized standards referenced in Article 15
- EU Declaration of Conformity: Conformity assessment documentation per Article 18
- Technical documentation: Evidence of compliance with Articles 6 through 10 (substance restrictions, durability, performance, safety, labeling)
This information is not accessible to end consumers, distributors, or even recyclers. It exists solely so that authorities can verify whether a battery meets regulatory requirements during market surveillance activities.
Tier 2 is the regulatory audit layer. No competitor, no customer, and no business partner gains access to this data through the battery passport.
Tier 3: Restricted Access
Annex XIII, Part C governs access for persons and organizations with "legitimate interest". This primarily includes recycling companies, repair operators, remanufacturers, and second-life operators.
Who exactly qualifies as a "person with legitimate interest" will be defined by a Commission Delegated Act, expected by August 2026. The regulation already names the basic categories in Article 78(2)(d).
Tier 3 data includes:
- Detailed material composition: Precise specifications of cathode, anode, and electrolyte — beyond the category-level declaration from Tier 1
- Dismantling information: Step-by-step instructions for safe battery disassembly
- Safety protocols: Specific safety instructions for handling, transport, and storage
- State of Health (SoH): Current health status based on dynamic battery data from the BMS
- Usage history: Charge/discharge cycles, capacity progression over the lifespan
- Maintenance records: Documented maintenance, repairs, and software updates
Access to Tier 3 data requires verification of professional role. A recycling company must prove that it is actually engaged in battery recovery. A private consumer does not receive Tier 3 access — not even for their own battery.
For second-life applications, Tier 3 data is particularly critical: without SoH data and cycle history, the residual value of a used traction battery cannot be reliably assessed.
What's NOT in the Battery Passport?
Equally important as knowing what data the battery passport contains is understanding what it explicitly does not:
- Manufacturing processes: How the battery is made — process parameters, coating speeds, drying profiles
- Exact formulations: Precise formulations of electrolyte additives, binders, or coatings
- Pricing and calculations: Purchase prices, margins, manufacturing costs
- Supplier contracts: Contractual terms, sourcing arrangements, volume agreements
- Internal quality data: Scrap rates, process capability indices, internal test protocols
The battery passport documents what a battery is and what properties it has — not how it is manufactured. Trade secrets as defined by the EU Battery Regulation remain trade secrets.
IP Protection: Safeguarding Trade Secrets
The three-tier access model is deliberately designed to protect intellectual property. Several mechanisms contribute to this:
- Role-based access control (RBAC): Each access tier is bound to a verified role. Without proof of authorization, no access is granted.
- Data minimization: Each tier contains only the data necessary for its intended purpose. Recyclers don't need test reports; authorities don't need dismantling instructions.
- No raw data export: Restricted tiers are designed to enable access to specific information — not to allow downloading of complete datasets.
- Regulatory limitation: Only data explicitly required by the regulation must be provided. Information beyond that is voluntary.
The Commission Delegated Act, expected by August 2026, will define the precise criteria for granting Tier 3 access. Until then, the regulation itself provides the framework: Article 78(2)(d) names "natural or legal persons with a legitimate interest" as authorized parties — an intentionally narrow definition.
Static vs. Dynamic Data
Not all data in the battery passport behaves the same way. The DIN SPEC 99100 distinguishes between static and dynamic data — and this distinction has direct implications for the access tiers.
Static Data
Static data is identical for all units of a battery model. It is captured once during product registration and does not change over the battery's lifespan:
- Chemistry and material composition
- CO₂ footprint per kWh
- Recycled content
- Rated capacity, rated voltage, weight
- Manufacturer information
Static data primarily falls under Tier 1 (public) — it describes the product, not the individual battery.
Dynamic Data
Dynamic data is unique to each battery and changes over its lifecycle. It typically originates from the battery management system (BMS):
- State of Health (SoH)
- Remaining capacity
- Charge/discharge cycles
- Capacity progression
- Operating temperature history
Dynamic data falls under Tier 3 (restricted). It is relevant for residual value assessment, second-life decisions, and safe recycling — but is not intended for the general public.
| Property | Static Data | Dynamic Data |
|---|---|---|
| Scope | All units of a model | Individual per battery |
| Capture | Once at registration | Ongoing from BMS |
| Examples | Chemistry, CO₂, weight | SoH, cycles, capacity fade |
| Access tier | Primarily Tier 1 (public) | Tier 3 (restricted) |
Practical Implementation with DPP Hero
The access model of the EU Battery Regulation creates concrete requirements for software solutions. DPP Hero implements the data structure of the DIN SPEC 99100 and maps the three access tiers as follows:
- Public product page (Tier 1): Every published product receives a publicly accessible page with all Tier 1 data — accessible via QR code or direct link.
- Structured export (Tier 2): For authority inquiries, product data can be exported in the structured JSON format per DIN SPEC 99100 — covering all 7 data categories.
- Restricted data (Tier 3): Dismantling information, detailed material compositions, and dynamic data are captured in the corresponding data categories. The public product page displays only Tier 1 data — restricted fields are clearly marked as locked.
The step-by-step guide shows how to create a complete battery passport with all data categories. DPP Hero's 7-step structure directly follows the layout of DIN SPEC 99100 — from identification (Step 1) through materials, carbon footprint, due diligence, and circularity to performance and labeling.
FAQ
Can competitors access my battery data?
Competitors only see Tier 1 data — basic specifications such as chemistry category, CO₂ footprint, and recycled content. Detailed material composition (Tier 3) and test reports (Tier 2) are not accessible to competitors. Manufacturing processes, formulations, and supplier relationships are not part of the battery passport.
What data do recycling companies see?
Recyclers belong to the Tier 3 access level and receive access to detailed material compositions, dismantling information, and safety protocols. This data is necessary to safely and efficiently recover batteries. The exact scope will be specified by the Commission Delegated Act, expected by August 2026.
How is access to restricted data controlled?
Article 78 of the EU Battery Regulation provides for verification of professional role. Only persons and organizations with "legitimate interest" receive Tier 3 access. The technical procedure — whether through digital certificates, verified accounts, or other mechanisms — will be specified in the Delegated Act.
Are the access tiers already binding?
The EU Battery Regulation (EU) 2023/1542 has been in force since August 2023. The battery passport obligation under Article 77 applies from February 18, 2027 for certain battery types. The Delegated Act on access rights (Tier 3) is expected by August 2026.
What happens to my data when I use DPP Hero?
DPP Hero is a creation and management tool for digital product passports. You retain full control over your product data. The public product page displays only Tier 1 data. Which additional data you capture and to whom you grant access is your decision as the economic operator.