Are you a marketplace provider with EU customers? As of the 13th of December 2024, the new General Product Safety Regulation (GPSR) Guideline has been implemented.
It represents a significant shift in the regulatory landscape for all businesses involved in selling non-food products to the EU or Northern Ireland (NI), with stricter product safety and traceability rules. In this article, we will outline:
- What is the GPSR?
- How the GPSR might affect your business
- Why you need to comply
- Key steps to meet these changes
What is the General Product Safety Regulation (GPSR)?
The GPSR establishes a horizontal legal framework for ensuring that all consumer products placed on the EU market are safe. It addresses modern challenges such as online sales, direct imports, and the emergence of new technologies like Artificial Intelligence (AI) and the Internet of Things (IoT).
The GPSR:
- Applies to products sold through all sales channels, including online and distance sales.
- Complements specific EU safety legislation by addressing risks not covered by other regulations.
- Covers tangible, non-tangible, and mixed products, including apps and software.
- Introduces stricter traceability, risk assessment, and product recall procedures.
- Requires the registration of online marketplaces on the Safety Gate Portal for better coordination with national authorities.
The General Product Safety Regulation (GPSR) applies to a broad range of consumer products sold in the EU market, whether new or second-hand. Below is a breakdown of the product categories included and those excluded under GPSR:
Products Covered by GPSR
- Toys, including action figures, puzzles, and board games
- Electrical and electronic equipment, such as kitchen appliances, smartphones, and televisions
- Cosmetics and personal care items, including skincare products, shampoos, and makeup
- Clothing and textiles, ranging from adult and children’s clothing to curtains and upholstery
- Children’s products, such as prams, car seats, and highchairs
- Food contact materials, like cutlery, cookware, and food storage containers
- Vehicles and spare parts, including bicycles, scooters, and replacement car parts
Products Exempt from GPSR
- Medicinal products, such as prescription drugs and vaccines
- Food and feed, including packaged foods and fresh produce
- Living plants and animals, such as potted plants and livestock
- Genetically modified organisms (GMOs), including engineered crops and animals
- Animal by-products and derived products, such as leather and gelatin
- Plant protection products, including pesticides and herbicides
- Equipment operated directly by a service provider, like theme park rides and ski lifts
- Aircraft, including commercial planes and drones
- Antiques, such as vintage furniture and historical artefacts
How GPSR may affect your business?
The GPSR was created to apply to products which are not already subject to product-specific legislation such as toys, cosmetics and machinery.
It is expanding on the 2001 GSPD, covering new technologies and online marketplaces that have emerged in that time, implicitly stating who the responsible party for compliance is, while also upping tracking of accident reporting through a “Product Safety Gateway portal” and introducing mandatory rules around product safety recalls.
The GPSR involves guidelines across 4 main sections: Design, Safety, Materials and Packaging, and Information Supplied, find more EU Regulation 2023/988 (UK), General Product Safety Regulations (EU) or the EU Digital Service Act.
This is especially of concern for multi-category sellers who list in both high and medium risk categories and sellers of high-risk product categories such as regulated products, appliances, baby, kids, nursery, and toys.
Why you need to comply?
Future Proof your Market Access
The uncertainty surrounding the new GPSR guidelines has led to some sellers opting out of the EU market, citing concerns that the costs of compliance may outweigh the benefits.
However, while compliance might seem burdensome initially, it is essential to view these changes as part of a global shift toward greater transparency and product safety across supply chains.
Regulations similar to the EU’s GPSR, such as “Product Passports,” are already in development in other regions, including Australia, to promote this. By using this moment to establish workflows aligned with GPSR standards, you can position your business for success in meeting evolving regulatory demands worldwide.
Even if your current strategy excludes selling to the EU, investing in compliance now will ensure that your platform is well-prepared for future regulatory pressures and changes.
Meet your Legal Obligations
Under the new GPSR guidelines, marketplaces are explicitly held accountable for ensuring the compliance of products sold through their platforms, even if the products themselves are owned or manufactured by third-party sellers.
This significant shift underscores the need for marketplaces to adopt a proactive approach to product safety and compliance.
A recent U.S. ruling held Amazon legally responsible for product safety recalls on its platform. This precedent highlights the increasing global trend of holding marketplaces accountable, not just manufacturers or sellers.
As such, the GPSR reinforces this principle, making it critical for marketplaces to strengthen their oversight, mitigate risk and monitor seller compliance.
Enhance Customer Trust
Complying with GPSR guidelines demonstrates a commitment to product safety, transparency, and accountability, which can significantly enhance customer trust and your platform’s reputation.
Consumers are increasingly prioritising safety and ethical sourcing when choosing where to shop, and platforms that can guarantee compliance with stringent standards are likely to attract and retain more users.
By ensuring the safety and quality of products sold on your marketplace, you not only mitigate risks but also position your platform as a reliable and responsible marketplace.
This differentiation can drive customer loyalty and attract quality sellers who value compliance and trust in a safe and transparent ecosystem.
Who Does GPSR Apply To?
GPSR affects all economic operators placing products on the EU market, including:
- Manufacturers and Brands: Responsible for ensuring product safety and compliance.
- Importers: Must verify that products meet EU safety requirements.
- Distributors: Required to ensure safe storage and transport of products.
- Online Marketplaces: Held accountable for the safety of products sold on their platforms.
If you are not sure what’s your role, you can check out the diagram below.
How to Comply with the GPSR?
To navigate the complexities of the General Product Safety Regulation (GPSR), you have several options to ensure compliance.
One straightforward approach is to provide sellers with the ability to opt out of selling to the EU or Northern Ireland. Note that many platforms currently group Northern Ireland under the UK, so it’s crucial to ensure it is available as a separate option.
Some platforms, such as Printify (Digital Product Print-On-Demand), have streamlined compliance for sellers by designating a central “economic operator” (discussed further in steps to take).
Additionally, they offer features like an “Add to Description” toggle, allowing sellers to automatically include essential product safety information in their listings.
However, many other marketplaces, such as Etsy, are still working to adapt their systems to meet these regulations due to the diversity of their product offerings.
If you’re still assessing your approach to GPSR compliance, know that you are not alone and can leverage guidance like this to stay on track.
What Do You Need to Know as a Manufacturer or Brand?
The GPSR introduces new responsibilities for manufacturers and brands to ensure the safety and traceability of products sold in the EU market.
Key Changes Introduced by GPSR
- Risk Assessment and Safety Documentation: Perform detailed pre-market risk assessments, including considerations for cybersecurity, AI functionalities, and product interconnectivity. Maintain safety documentation for a minimum of 10 years for auditing and compliance verification.
- Labelling and Consumer Information Requirements: Include detailed labelling on products, such as batch numbers, manufacturing dates, and safety instructions in the local language of the marketplace. While QR codes or digital labels are permissible, they must supplement rather than replace physical labels.
- Responsible Person Designation: Assign an EU-based responsible person (importer, authorised representative, or fulfilment service provider) to manage compliance documentation and liaise with regulatory authorities.
- Enhanced Product Recall Procedures: Develop efficient mechanisms for tracking consumer complaints and ensuring swift recall procedures when required. Use the EU’s structured recall notice template and inform consumers promptly about their options for repair, replacement, or refunds.
- Testing and Verification: Include a reminder for manufacturers to leverage EU technical standards for product testing, even when voluntary, as these provide a clear path to demonstrating compliance.
Steps to Prepare for GPSR Compliance:
- Perform Thorough Risk Assessments:
- Evaluate all potential risks to consumer health and safety, including environmental and mental health risks.
- Use relevant EU safety standards where available.
- Enhance Traceability:
- Implement systems to track products from production to consumer.
- Use batch numbers, serial codes, and other identifiers to facilitate recalls.
- Designate a Responsible Person:
- Assign an EU-based economic operator to handle compliance documentation and liaise with authorities.
- Establish Recall Procedures:
- Develop robust systems to notify authorities and consumers in the event of product recalls.
- Use the prescribed EU template for recall notices.
If You Are a Brand or Manufacturer, here’s how SupplyScope can help
- Receive tailored recommendations on what to include to meet these new guidelines. You can also program your own rules to ensure compliance.
- Our comprehensive test plans encompass best practices and mandatory requirements across hundreds of categories, ensuring compliance with AU, UK, and EN standards.
- Automatically generate compliant product descriptions based on uploaded safety documentation.
What Do You Need to Know as an Online Marketplace?
Online marketplaces have unique responsibilities under the GPSR to ensure the safety and compliance of products sold on their platforms.
Key Changes Introduced by GPSR
- Single Point of Contact: Register with the Safety Gate Portal and provide contact information for direct communication with market surveillance authorities.
- Information Provision: Ensure product listings include safety information, labelling details, and compliance documents in the appropriate language. Facilitate sellers’ ability to upload required information.
- Enforcement of Product Safety: Remove or restrict access to non-compliant products within two working days of receiving orders from authorities. Implement mechanisms to detect and manage repeated non-compliance by traders.
- Collaboration with Authorities: Share information about dangerous products and corrective actions with national authorities. Participate in joint market surveillance activities and product sweeps.
- Mandatory Recall Notices: Publish recall information on the marketplace interface and directly notify affected consumers. Use the EU’s structured template for recall notices.
For a complete list of all changes and detailed guidance on the General Product Safety Regulation for Online Marketplace, visit the official EU GPSR documentation – Regulation (EU) 2023/ 988.
Steps to Prepare for GPSR Compliance:
- Redesign Product Listing Interfaces: Include fields for batch codes, safety warnings, warranty information (mandatory 2 years), and compliance documents.
- Ensure Seller Compliance Documents Are in the Correct Language: Require sellers to submit compliance documents in the language of the specific marketplace. For example, an English version of test report alone is insufficient for a German marketplace.
- Set Up a Compliance Dashboard: Enable marketplace administrators to monitor product compliance and manage seller information effectively.
- Train Staff and Sellers: Conduct workshops to educate both sellers and staff about GPSR requirements and their responsibilities.
- Collaborate with Authorities: Establish and maintain systems for direct communication with EU market surveillance teams to address safety issues promptly.
If you Are a Marketplace Operator, here’s how SupplyScope can help
- Streamline the process of collecting traceability information for the products your sellers list on your platform.
- Products submitted to your SupplyScope account by sellers are checked via our AI tool to ensure compliance with EU-defined safety standards.
- A flagging system identifies products that do not meet GPSR requirements.
- We provide point-of-sale GPSR-required information for products and sellers that meet GPSR standards, which you can easily add to your website.
Practical Tips for Compliance
The GPSR marks a significant step toward a safer, more transparent EU market. By understanding your responsibilities and acting now, you can ensure compliance, protect consumers, and build trust in your brand or platform. Whether you’re a manufacturer, brand, or online marketplace, aligning with GPSR is not just a legal obligation—it’s an opportunity to lead in safety and reliability.
- Act Early: Don’t wait until the deadline—start implementing compliance measures now.
- Leverage EU Standards: Use European safety standards for a straightforward path to compliance.
- Collaborate Across the Supply Chain: Ensure all partners understand their obligations under GPSR.
- Stay Informed: Monitor updates from the EU Safety Gate Portal and Digital Services Act to stay ahead of new requirements.
Frequently Asked Questions around General Product Safety Regulation (GPSR)
How does the assignment of the responsible person work?
If neither the manufacturer nor the importer is established in the Union, could the ‘authorised representative’ from Article 10 of the GPSR be considered the ‘responsible person’?
Yes, if neither the manufacturer nor the importer is established in the EU, then the ‘authorised representative’ specified in Article 10 can act as the ‘responsible person’, if mandated for this role by the manufacturer. To determine the responsible person, the cascade system from the Market Surveillance Regulation Article 4(2) should be followed:
- If the manufacturer is established in the EU, they are the ‘responsible person’.
- If the manufacturer is not established in the EU, the importer becomes the ‘responsible person’.
- If neither of these are established in the EU, then the ‘authorised representative’ can be the ‘responsible person’, if it is mandated for this role by the manufacturer (written mandate required).
- As a last resort, the fulfilment centre can fulfil this role. In this case, the fulfilment centre becomes a ‘responsible person’ automatically (no mandate needed).
The EU-based ‘responsible person’ must be listed on the product packaging along with the manufacturer’s contact details. This requirement also applies to distance sales and online offers.
Is the ‘responsible person’ under the GPSR the same as the single contact point?
No, the ‘responsible person’ and the single contact point are legally distinct.
Single contact point: this refers to a contact point that manufacturers, importers and providers of online marketplaces must provide for communication purposes. Responsible person: this is an economic operator based in the EU who is responsible for the product placed on the EU Single Market. These two can overlap in the case of the responsible person being the manufacturer located in the EU.
Can manufacturers label products digitally only, e.g. with a QR code?
No, to fulfil the obligations of the GPSR solely digital labelling does not suffice. The current labelling obligations state that all necessary information must be placed on the product. If this is not possible (for other than aesthetic reasons), then it must be placed on its packaging or in an accompanying document. Businesses can still make the information available electronically. However, as digital labelling cannot replace physical labelling, this must be in addition to the physical labels they provide.
What is meant by ‘electronic address’?
‘Electronic address’ refers to forms of direct communication – e.g. email or contact form on a website. It does not include static websites or phone numbers. This term is designed to be adaptable to future technologies and uses neutral phrasing to cover various forms of direct communication.
