In short: an ODM can get your own branded charger or storage product to market quickly, but by default the factory owns the design and usually the tooling. Before the first sample, put in writing who owns the design files and moulds, what access you have to firmware, whose name is on the certificates, and how changes to components are controlled. Insist on open protocols so the product is not locked to one back office.
Many businesses entering charging or storage want a product under their own brand without building a factory or an engineering team. Working with an original design manufacturer, or ODM, is the fastest way to do it. It is also where first-time brand owners most often lose control of their own product.
OEM, ODM and white label: who owns what?
The terms are used loosely, so define them in your contract.
- White label: you buy an existing product and put your brand on it. You own the brand, nothing more.
- ODM: the factory designs the product, often adapting an existing platform to your specification. As Epic Sourcing puts it, with ODM the factory owns the base design, and it typically retains the tooling.
- OEM or contract manufacturing: you supply the design and the factory builds it. Ownership of the design is clearer, but only if the contract says so.
Where control slips away
Design files and tooling
Moulds and tooling are expensive, and whoever owns them decides where your product can be made. Epic Sourcing warns that verbal agreements about tooling ownership are not enforceable, and recommends a contract that explicitly states tooling moulds and design files are your property. If you ever need to move production, this is what makes it possible.
Firmware and software
A charger is as much software as hardware. Find out who owns the firmware, whether you can get updates after the contract ends, and whether you can have the source code held in escrow. Without this, a supplier dispute can leave you unable to fix bugs or meet new regulations.
Certification
Ask whose name is on the test reports and declarations of conformity, and which markets they cover. A certificate in the factory’s name for one market may not help you sell in another, and may not transfer if you change factory.
Supply and change control
An ODM can usually sell the same base product to other customers, including your competitors. It may also swap components to manage its own costs. Agree a golden sample, a change notification process, and your right to approve changes that affect safety, performance or certification.
The rules your product must meet
Rules differ by market, so plan certification early. Some of the main ones:
- Great Britain, private chargers: charge points sold in Great Britain for private use must meet the Smart Charge Points Regulations. GOV.UK guidance confirms they came into force on 30 June 2022, with security requirements from 30 December 2022. They include pre-set off-peak default charging hours and a randomised delay function.
- Safety and connectors: charging equipment is commonly tested to the IEC 61851 series for the charging system and IEC 62196 for plugs and connectors, or their regional equivalents.
- EU cybersecurity: connected radio equipment, which includes many smart chargers, must meet the cybersecurity requirements of the EU’s Radio Equipment Directive delegated regulation, applicable from 1 August 2025.
Confirm the full list for each target market with a test house before you lock the design. Changes after certification are slow and expensive.
Open protocols are your insurance
The Open Charge Point Protocol (OCPP) lets a charger talk to any compliant back-office system. A product locked to the manufacturer’s own software leaves you dependent on them for as long as it is in service.
Ask for proof, not a claim. The Open Charge Alliance runs an OCPP 2.0.1 certification programme with independent testing laboratories, including DEKRA and DNV. For OCPP 2.0.1 certification, the Core profile is mandatory and other profiles are optional. Ask your ODM for the certificate number and look it up yourself.
Contract checklist
| Clause | What it protects |
|---|---|
| Non-disclosure, non-use and non-circumvention (NNN) | Your ideas and customers, before you share designs |
| Ownership of design files and tooling | Your ability to move production |
| Firmware rights, updates and escrow | Your ability to maintain the product |
| Certificates in your name, by market | Your right to sell where you plan to |
| Golden sample and change control | Consistent quality over the product’s life |
| Factory acceptance testing and audit rights | Problems caught before shipment, not after |
Frequently asked questions
Is it safer to use an OEM than an ODM?
It gives you more control, but it needs your own design and engineering. An ODM is faster and cheaper to start. The contract decides how much control you keep either way.
Can I stop my ODM selling the same product to competitors?
You can negotiate exclusivity for a market or a design variant, usually in return for volume commitments. Without it, assume the base product is available to others.
When should certification start?
Before the design is frozen. Engage a test house early so that changes needed for certification are made once, not after tooling is cut.
Finding and managing the right manufacturer is what our OEM and ODM support service does. Tell us about the product you want to build. This article is general guidance, not legal advice.
