The new EU General Product Safety Regulation: What you need to know

The EU General Product Safety Regulation (GPSR) came into effect on 13 December 2024. It replaces the existing General Product Safety Directive (GPSD), and establishes a modernised framework for consumer product safety across the EU. The GSPR introduces significant new responsibilities, making understanding its implications essential.

What is changing? Key updates under GPSR

Uniform Application: Unlike the GPSD, which required transposition at the Member State level, and allowed for varied national implementation, the GPSR is directly applicable across all EU/EEA member states, ensuring uniformity in product safety standards.

New obligations for Economic Operators: There are new obligations on economic operators (defined to include nearly all entities in the supply chain – manufacturers, importers, distributors, online marketplaces and fulfilment service providers) including*:

• Carrying out risk assessments and drafting policies and technical documents before placing product on the EU/EEA market;
• Complying with enhanced labelling and traceability requirements;
• Informing consumers promptly if safety risks arise and ensuring recall processes are clear and accessible;
• Notifying competent authorities and consumers about accidents;
• Offering consumers an effective, cost-free and timely remedy in product recalls (at least two of: repair, replacement or refund); and
• Maintaining  detailed product and supply chain records for at least 10 years.

*the obligations vary depending on the economic operator’s role(s).

Requirement for an EU Responsible Person: To legally place products on the EU market, there must be an EU established economic operator responsible for compliance with the GPSR and the EU Market Surveillance Regulation. The EU entity’s contact information will need to be included on the product label. Non-EU entities should consider whether they need to make any changes or formalise arrangements in order to keep placing products on the EU market. Entities that are importing or distributing products should also consider whether their role and responsibility may be impacted.

Online Marketplaces (OMP): The GSPR contains substantial OMP provisions to address the unique challenges presented by digitalisation. New obligations include:

• OMP interfaces must be designed in such a way as to accommodate the provision of comprehensive product information including key manufacturer details, product identification information, warnings and additional safety information;
• A single point of contact for quick communications with regulatory authorities and consumers on product safety issues must be established;
• Registration with the Safety Gate Portal and indicating on the Portal the information concerning the OMP’s single contact point;
• Local regulatory authorities will be able compel OMPs to take action against traders who place non-compliant products and content on their marketplaces;
• Product recalls must be directly notified to consumers; and
• Information on dangerous goods must be shared by OMPs with both national and EU level regulatory authorities.

All Distance Sellers: Where economic operators make products available on the market online or through other means of distance sales, the offer of those products must visibly indicate at least the following information:

• name, registered trade name or trademark of the manufacturer, as well as the postal and electronic address at which they can be contacted;
• where the manufacturer is not established in the EU, the name, postal and electronic address of the EU responsible person;
• information allowing the identification of the product, including a picture of it, its type and any other product identifier (i.e. barcodes); and
• any warning or safety information to be affixed to the product or to the packaging (or included in an accompanying document).

Expanded Safety Criteria: The GPSR includes digital elements such as software updates in safety assessments. Manufacturers must ensure that software does not introduce new safety risks over time. Continuous monitoring of products for potential risks, especially for connected devices (including risk to mental health and in particular, for children), is now mandatory.

Waste disposal requirements: The GPSR confirms and clarifies that any disposal of products following a recall should be disposed of with due consideration of environmental and sustainable objectives of applicable law. 

Stronger Enforcement: Market surveillance authorities have enhanced powers to enforce compliance, including issuing fines and expediting  product recalls.

Get ready now

Businesses (including non-EU companies) may wish to review their product safety policies if they have not done so already to ensure they align with GPSR requirements. Enhanced market surveillance means businesses should be prepared for more frequent and thorough inspections by authorities, and possible supply chain disruption.

With particular relevance to  those involved in online sales, businesses may need to adapt their operations to meet the new requirements and are likely to face increased costs as a result. Non-EU companies need to consider if they should appoint an entity within the EU to handle compliance issues. Consider educating staff about the new requirements and assess preparedness to handle the enhanced obligations under the GPSR.

Comment

The new GPSR represents a significant shift in the product safety landscape, aiming to protect consumers in an increasingly digital and interconnected world.

It should not be overlooked that the EU Market Surveillance Regulation already introduced similar changes for products subject to specific Union harmonised legislation, not limited to consumer products (i.e., covering B2B and not just B2C). Furthermore, non-compliance with the GPSR  and other product safety requirements could be used to establish that the product is defective under the new EU Product Liability Directive, which will introduce class action risks.

UK: The UK continues to follow its own product safety regulations, but the UK Government has been reviewing and consulting on updates to its product safety regime, likely following in the footsteps of the GPSR to better address issues like digital and online sales. Due to the Northern Ireland Protocol, products sold in Northern Ireland must comply with the GPSR.