The new EU General Product Safety Regulation has been in force for a month, i.e. since December 13, 2024. If you look at online shops, it seems that not many people are aware of this yet.
The GPSR basically affects almost all products that could be used by consumers. Of course, more specific standards for certain product categories take precedence. The general standard of the GPSR deals with the safety of products, but not only places demands on product design, but also includes a variety of information requirements. This seems to be little known so far.
GPSR
The standard is generally abbreviated as GPSR, which stands for General Product Safety Regulation. This refers to EU Regulation 2023/988. The standard makes the previous General Product Safety Directive and, to some extent, the German Product Safety Act obsolete, continues their regulations and tightens the requirements.
Not only manufacturers are obliged
The standards impose obligations on manufacturers worldwide whose products are placed on the market in the EU. They also apply to importers, i.e. those persons who import goods from a third country into the EU. However, fulfillment service providers, providers of online marketplaces and dealers – including online shops – are also being held increasingly accountable.
With regard to the large number of distributors, they must pay particular attention to Article 12 of the GPSR. This regulation lays down detailed obligations for distributors to ensure that only safe products are made available on the market. In particular, it specifies the precautions that distributors must take with regard to storage, transport and information requirements. Below is a summary of the main points:
- Obligation to verify before making available on the market
Before offering products, distributors must ensure that the requirements laid down in other regulations – in particular, those of the manufacturer or importer – are met. This applies in particular to the obligations arising from Article 9 (5), (6) and (7) and Article 11 (3) and (4). Distributors should therefore ensure that the necessary labeling is correct before a product even enters the market.
- Responsibility during storage and transportation
As long as the product is within the retailer's area of responsibility, the retailer is responsible for ensuring that storage and transport do not compromise compliance with the general safety requirement. In practice, this means that any damage or changes that occur during storage or transport must be detected and prevented at an early stage to ensure that the product remains safe.
- Prohibition of action in case of suspected non-compliance
If distributors suspect, based on information, experience or concrete evidence, that a product is unsafe, they may not place the product on the market. Only when conformity has been restored – for example, through rework or a confirmation from the manufacturer – may it be (re)distributed. This prevents unsafe products from entering circulation.
- Action to be taken in relation to products already on the market
If a retailer realizes that an item already offered is a dangerous product or does not comply with the relevant regulations, he must immediately inform the manufacturer or the importer as well as the market surveillance authorities and corrective action will be required.
Online shops
Article 19 of the GPSR, which specifies the information that must be provided for distance selling offers – in particular for online trading – is apparently still frequently overlooked. This is to ensure that consumers are fully informed and have specific points of contact in case of questions or problems. At the same time, transparency is created to make it easier to identify and remove illegitimate providers and unsafe products from the market.
The individual details must be made clear and visible when offering these products. This means that this information is necessary in the online store itself and not only with the delivery of the product!
This makes it easy to see whether the operator of an online shop has already fulfilled his obligations under the GPSR. The following information must be provided:
Clear information about the manufacturer
The online shop or other distance selling offer must at least clearly state the name, registered trade name or registered trade mark of the manufacturer, as well as their postal address and e-mail address. This enables consumers to contact the manufacturer at any time with questions regarding product safety, warranty or guarantee claims, or other issues.
Information about the responsible person (if the manufacturer is not established in the EU)
If the manufacturer is based outside the European Union, the name, postal address and e-mail address of the responsible person must be provided. This may be, for example, the importer, an authorized representative or another economic operator designated in accordance with Article 16 (1) of the GPSR or Article 4 (1) of Regulation (EU) 2019/1020. This ensures that a specific point of contact is available within the EU.
Identifiable product information
The offer must also include accurate information that can be used to unequivocally identify the product. This includes an image of the product, information about the type and model, and other product identifiers (e.g. model number, serial number or other brand-specific identifiers). This transparency makes it easier for consumers to select and identify products and to match product data with warnings or recall notices.
Warnings and safety information
If warnings or safety information are required under the GPSR or other applicable Union harmonization legislation, these must also be easily identifiable in the offer. In addition, it must be ensured that the information is provided in a language that consumers in the respective Member State can understand. Generally speaking, this will be the official language of the member state in which the product is offered. This way, buyers can find out in good time whether, for example, special handling or caution is required when using the product.
Significance in practice
If the requirements of Art. 19 GPSR are not met, warnings may be issued, and in the medium term, fines or other sanctions may be imposed by the market surveillance authorities. In some circumstances, a ban on distribution may even be imposed if essential consumer information is missing or false information is provided. However, the main risk at present is likely to be the issue of warnings under competition law, because market participants who fail to comply with the obligations under the GPSR gain a competitive advantage.
Competitors, consumer protection associations or other authorized bodies can then issue a warning to the affected retailer. The legal consequences of such warnings can be not only the obligation to take action and cease and desist, but also, of course, the threat of costs.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.