A 5-bit digital controlled switch-type passive phase shifter realised in a 40 nm digital CMOS technology without ultra-thick metals for the 60 GHz Industrial, Scientific and Medical (ISM) band is presented. A patterned shielding with electromagnetic bandgap structure and a stacked metals method to increase the on-chip inductor quality factor are proposed. To reduce the insertion loss from the transistors, the transistor switches are implemented with a body-source connection. For all 32 states, the minimum phase error is 1.5°, and the maximum phase error is 6.8°. The measured insertion loss is -20.9 ± 1 dB including pad loss at 60 GHz and the return loss is >10 dB over 57-64 GHz. The total chip size is 0.24 mm2 with 0 mW DC power consumption.