The General Product Safety Regulation (2023/988) came into force on 13th December 2024. This replaced Directive 2001/95/EC and large parts of the Product Safety Act (ProdSG). But what does this mean for the world of e-commerce and your shop?
What is the the General Product Safety Regulation?
The General Product Safety Regulation (GPSR) is a new EU Regulation that replaced the previous Product Safety Directive on 13th December 2024. The aim was to improve and standardise the level of safety for consumer products throughout the EU – particularly in online retail – and adapt to modern sales channels.
Why was the the General Product Safety Regulation introduced?
Who is affected by the the General Product Safety Regulation?
- manufacturers
- importers & retailers
- online retailers & marketplace providers (e.g. Amazon)
- fulfilment service providers
What information is required by the General Product Safety Regulation?
Manufacturer, importer & retailer
- manufacturer’s name and address
- an electronic contact option (e.g. an e-mail address)
- a product description
- clearly recognisable product images
- information to identify the product (e.g. model number, item number or serial number)
- warnings and safety instructions on risks during use in easily understandable official language
- nameplate and operating instructions
- list of parts and/or components used
- results of test and measurement procedures for assessing product safety
- information on the conformity assessment procedure applied
- reference to the relevant regulations, i.e. the EU directives or regulations with which the product complies.
- list of the technical standards that the manufacturer is required to comply with (e.g. EN standards).
Note: For products from other EU countries, the details of the responsible person based in the EU must also be made visible. This is usually the importer, fulfilment service provider or an authorised representative who has been commissioned in writing by the manufacturer to perform the tasks on behalf of the manufacturer.
Online retailers & marketplace providers
- a main contact person for queries regarding market surveillance
- a contact option for consumers with questions about product safety as well as internal processes and procedures that guarantee product safety.
- registration of this contact person in the Safety Gate Business Portal
- Messages and feedback in the Safety Gate Portal must be actively observed, processed and taken into account.
- Consumers must be informed transparently and promptly when product recalls occur.
- Online retailers and marketplace providers must work closely with authorities, manufacturers and other stakeholders to quickly remove dangerous products from the market and minimise risks.
- As soon as a dangerous product is detected, the platform must immediately inform the responsible market surveillance authority via the Safety Business Gateway.
- If authorities mandate the removal of products, restrict access or issue warnings, these measures must be implemented within two business days.
To which products does the GPSR apply?
- automotive accessories
- electronics
- household and office supplies
- household goods, kitchenware and furniture
- pet products
- DIY, tools, hardware and gardening
- clothing, shoes and accessories
- personal care and beauty products
- jewellery and accessories
- toys and children’s products
- sports and outdoor equipment
Which products are not covered by the General Product Safety Regulation?
In principle, the following products are exempt from the GPSR Regulation:
- human & veterinary pharmaceuticals
- groceries & animal feed
- plant protection products
- live plants & animals as well as animal by-products and derived products
- animal by-products and derived products
- means of transport and aircraft
- antiques, works of art & collectibles
Also excluded from the GPSR are all products that are not normally used by end users and are not intended for end users.
What penalties apply for non-compliance?
Failure to comply with the regulation can result in various penalties and fines. It can result in fines of up to several tens of thousands of euros. It can also result in warnings under competition law, sales bans and loss of reputation.
Can old products that were manufactured before the regulation be sold?
Yes, the sale of products placed on the market before 13th December 2024 will not be impeded. In other words, these products may continue to be sold, as the General Product Safety Regulation does not apply to them.
Does the regulation also apply to the B2B sector?
Yes, the GPSR applies to both B2C and B2B sectors.
What about used or second-hand items?
These are also covered by the new EU regulation and are therefore also affected.
Conclusion on the General Product Safety Regulation
Implementing the requirements of the General Product Safety Regulation takes a considerable amount of time. But the effort is worth it if you run an online shop, for example. Not only is the regulation a key measure for consumer protection, it also increases customer confidence in your products.
Ideally, you should therefore have already implemented the GPSR to strengthen customer confidence in your brand and ensure compliance with the General Product Safety Regulation (2023/988). If you have not yet done so, your online shop can easily be made GPSR compliant with our modern shop system. If you have any questions or problems, we will be happy to assist!
