Today, on 13 December 2024, the new General Product Safety Regulation (GPSR) comes into force, introducing modernised safety standards for products sold in the European Union. The regulation applies to all products placed on the market from today that are reasonably expected to be used by consumers and are not already covered by specific EU compliance legislation. The GPSR is a significant component of the EU's product compliance framework, addressing contemporary challenges such as digital innovation and online commerce, and establishing clear responsibilities for economic operators and online marketplaces.
Extending compliance rules to online marketplaces
The GPSR introduces specific obligations for online marketplaces for the first time, recognising their pivotal role in the modern consumer landscape. Providers of online marketplaces, defined as intermediaries that facilitate the sale of products through digital platforms, are now required to actively contribute to product safety.
Although their responsibilities differ from other economic operators (e.g. manufacturers or distributors) due to their intermediary role, marketplace providers must implement processes to ensure product safety and respond promptly to regulatory orders.
Key requirements for online marketplaces under the GPSR include:
- Establishing processes for product safety, including accurate product information by traders and corrective actions (e.g. removing listings, disabling content, issuing consumer warnings or suspending traders).
- Appointing a single contact point for communication with market surveillance authorities.
- Using the EU Safety Gate Portal to report and track safety issues for products sold via their platforms.
Transparency in online and distance selling
Economic operators involved in online and distance selling must comply with enhanced information transparency rules. Sellers are required to provide clear product identifiers, safety details, and warnings that are accessible and easy for consumers to understand.
Redefined manufacturer obligations
The GPSR clarifies and strengthens manufacturers’ responsibilities to ensure product safety both before and after a product is placed on the market.
- Risk assessment and documentation: Manufacturers must perform thorough risk analyses and compile technical documentation detailing the product’s design, safety features, and associated risks. The GPSR specifies criteria to be considered during risk assessments, including cybersecurity features, interactions with other products, and evolving product functionalities. These documents must be retained for at least ten years and made available to market surveillance authorities.
- Enhanced labelling requirements: Products must include identifying elements (e.g. serial numbers), manufacturer details, and instructions in the local language of the market where the product is sold. Digital solutions like QR codes are explicitly recognised as a means of providing safety information.
- Corrective measures for safety risks: If safety issues arise, manufacturers must act promptly to mitigate harm. This may include product recalls or withdrawals, with affected consumers being promptly notified. Manufacturers must also maintain accessible channels for consumers to report issues and receive updates on corrective actions.
Other important changes
- Ensuring accountability with an EU-established economic operator: A notable requirement under the GPSR is that all products sold in the EU (harmonised or not) must have a designated responsible person established within the Union. This entity, which could be the manufacturer, importer, authorised representative, or fulfilment service provider, serves as the primary point of contact for market surveillance authorities.
- Product recalls and consumer remedies: The GPSR establishes clear protocols for product recalls and consumer remedies in case of safety concerns. Companies must notify consumers through multiple channels, such as websites or social media, and use standardised recall templates provided by the European Commission. Affected consumers are entitled to remedies like repairs, replacements, or refunds, which must be free of charge and convenient.
Interaction with other EU regulations
The GPSR complements the Market Surveillance Regulation and the updated Product Liability Directive (PLD). The PLD governs liability for defective products. Notably, there is a close connection between product compliance under the GPSR and product liability as outlined in the updated PLD. The PLD defines defectiveness as a failure to provide the safety that people are entitled to expect or that is required under Union or national law. In determining whether a product is defective, relevant product safety requirements, such as those established under the GPSR, will be a key factor.
Looking Ahead
The GPSR represents a significant development in EU product safety law, setting stricter requirements and clarifying accountability across the supply chain. By addressing the complexities of digital markets and interconnected products, it significantly raises the bar for safety compliance. Coupled with the new PLD, which creates a claimant-friendly environment, manufacturers and other economic operators face even greater pressure to ensure both the safety of products in the EU market and their ability to respond quickly and robustly when something goes wrong.
For a more detailed evaluation of the new GPSR rules, please see our client briefing: The new General Product Safety Regulation: A refresh of the EU’s product safety framework | Freshfields.
For further information on the PLD, please see our respective client briefing: The new Product Liability Directive | Freshfields.
