Product Risks Today: Germany’s approach for a new Product Safety Act

The German government has introduced a draft bill to update its national Product Safety Act (Produktsicherheitsgesetz – ProdSG).[1] This long-awaited move aligns German law with the EU’s new General Product Safety Regulation (Regulation (EU) 2023/988 – GPSR).

Of course, the GPSR represents the core reform of European product safety law, creating a single, modernised rulebook for consumer products with an extended personal, temporal and material scope. For a detailed overview of the EU-level changes, please see our earlier client-briefing: https://www.freshfields.com/en/our-thinking/briefings/2024/12/the-new-general-product-safety-regulation 

While the GPSR is directly applicable across all Member States since 13 December 2024, the new German draft bill is particularly important for economic operators supplying consumer products on the German market, as it establishes the national framework for enforcement, sets out penalties for non-compliance, and aligns remaining national rules. 

Key Changes in the German Draft Bill

The draft bill primarily focuses on implementing the GPSR, rather than creating new substantive requirements. It does this by repealing provisions of the old ProdSG that are now superseded by the GPSR. It aims to enable the effective application of the GPSR through new supervisory and sanctioning mechanisms, while also maintaining normative links to other product-specific regulations. 

Here are the most significant changes for businesses:

1. Stronger Enforcement Powers for Market Surveillance

Responsibility for market surveillance remains with the state authorities. In addition to enforcement powers under the previous ProdSG, the draft bill grants them explicit power to order online marketplaces to remove listings of dangerous products, block access to them, or display a warning. In addition and amending the German Digital Services Act (DDG), the German Digital Service Coordinator at the Federal Network Agency (BNetzA) should be responsible for enforcing those product safety obligations that directly supplement the requirements for online marketplaces under the Digital Services Act (DSA). 

In practice, these extended market surveillance powers increase the risk of enforcement action, particularly in the online trade sector. The European Commission’s enforcement actions under the DSA show a particular focus on online marketplaces and their mitigation measures against systemic risks related to the dissemination of illegal products. This focus may spill over to national enforcement authorities to similarly prioritise fighting the sale of illegal products on marketplaces. This requires businesses to maintain robust and responsive compliance systems.

2. New and Expanded Sanctions

The GPSR obliges Member States to establish effective and proportionate penalties for infringements. The draft bill implements this by introducing a detailed catalogue of 32 new administrative offences. These cover a wide array of potential GPSR violations by manufacturers, importers, distributors, and online marketplaces.

The range of penalties remains the same as under the current law. While less serious violations may result in a fine of up to EUR 10,000, the maximum fine for the most serious offences remains at EUR 100,000. For example, if a manufacturer identifies a product as dangerous but fails to take the necessary corrective action, they may face a fine of up to this amount. 

3. Clarified Language Requirements

The bill mandates that all safety-related information, instructions, and warnings for products placed on the German market must be in German. Accordingly, businesses are well advised to check their physical labelling, packaging and digital product information for the German market.

4. Adaptation of the "GS"-certification

The trusted German "Geprüfte Sicherheit" (Tested Safety - GS) mark is retained and its framework updated. To receive GS certification, a product must now comply with the safety requirements of the GPSR in addition to other applicable rules. The bill also clarifies procedures and responsibilities of GS bodies and expressly prohibits advertising or using the GS mark when certification is withdrawn, suspended, or expired. This ensures the continued relevance and high standard of the voluntary GS mark within the new EU legal landscape.

Key action points for market players

While the draft bill doesn't reinvent product safety law in Germany, it significantly strengthens enforcement mechanisms. The primary obligations for businesses stem directly from the GPSR, but with national enforcement mechanisms now taking shape, businesses should prioritise the following actions:

• Audit GPSR compliance: Ensure your risk assessments, technical documentation, labelling, and recall procedures are fully aligned with the GPSR’s stringent requirements.
• Review online presence and documentation: The enhanced powers of surveillance authorities regarding online marketplaces increase the risk of enforcement. Ensure that all product listings contain the required manufacturer and safety information, that documentation is in the correct language and format and that you have a process to react swiftly to takedown notices.
• Understand sanction risks: Familiarise yourself with the new catalogue of administrative offences. A compliance gap that might have gone unnoticed in the past could now lead directly to sanctions.

Conclusion and Looking ahead

Despite the delayed implementation, Germany now seeks to demonstrate a commitment to robust enforcement, particularly in the digital sphere. For businesses, the message is clear: The era of the GPSR is fully underway, and German authorities are being equipped with the tools they need to enforce it.

The earliest possible entry into force for the draft bill is the beginning of January 2026, as it could take effect 14 days after its official publication. However, this timeline remains subject to various contingencies. As of today (12 November 2025), the responsible working committee is set to discuss the bill for the first time. It is still uncertain whether a hearing will be scheduled to enable a parliament decision in early December.