GPSR: The Complete Guide to the General Product Safety Regulation

Key Takeaways

* The GPSR (Regulation (EU) 2023/988) modernises EU product safety rules for the ecommerce age and has been enforceable since 13 December 2024.

* It applies to most non-food consumer products sold in the EU, both online and offline, adding new obligations even for CE-marked goods.

* You MUST have an EU-based "Responsible Person" for every product line you sell if you are not established in the EU. This is non-negotiable.

* Product labels and online listings must now include new, specific safety and traceability information, including the details of the manufacturer and Responsible Person.

* Online marketplaces like Amazon and Walmart now have legal duties to remove unsafe product listings quickly and verify seller compliance information.

* EU market surveillance authorities have enhanced powers to order product recalls, issue takedown notices, and impose significant penalties for non-compliance.

* Failing to comply with GPSR can lead to sales bans across the EU, hefty fines, and permanent suspension from online marketplaces.

The European Union's product safety landscape has fundamentally changed. The new General Product Safety Regulation (GPSR), officially known as Regulation (EU) 2023/988, is now in full effect, replacing a two-decade-old directive. This isn't a minor update; it's a complete overhaul designed to address the challenges of ecommerce and protect consumers from unsafe products, no matter where the seller is located. For online sellers on Amazon, Shopify, or Walmart, understanding and implementing the GPSR is critical for continued access to the EU market.

This regulation imposes significant new duties on manufacturers, importers, and, for the first time, online marketplaces. It introduces mandatory traceability requirements, strict rules for online listings, and the absolute necessity of having a legal representative within the EU. The grace period is over, and enforcement is active.

What is the GPSR? A Plain-English Overview

The General Product Safety Regulation is the EU's new baseline law for the safety of non-food consumer products. It sets a high safety standard for any product made available to EU consumers. It became fully enforceable on 13 December 2024, replacing the old General Product Safety Directive (2001/95/EC).

Its scope is broad. The GPSR applies to products that do not have other specific, overriding EU safety legislation (known as "harmonised" legislation). Think of products like furniture, textiles, kitchenware, or childcare articles.

However, a crucial point for all sellers is that the GPSR also fills the gaps for products that are covered by other laws, such as CE-marked electronics, toys, or personal protective equipment. While a Bluetooth speaker must meet the safety rules of the Radio Equipment Directive (2014/53/EU), it is also now subject to the GPSR’s new rules on appointing a Responsible Person, online sales information, and accident reporting. In effect, some part of the GPSR applies to almost every consumer product.

The Single Most Important GPSR Requirement: Your EU Responsible Person

For any seller based outside the European Union, this is the most significant and immediate hurdle introduced by the GPSR. Article 16 of the regulation states that a product can only be placed on the EU market if there is an economic operator established in the EU who is responsible for the product's safety tasks.

This individual or company is your "Responsible Person." Without one, your products are non-compliant and cannot be legally sold in the EU.

Who can be a Responsible Person?

The GPSR sets out a clear hierarchy for who can fulfil this role. You must have one of the following based in an EU member state:

1. The Manufacturer: If your company has a legal entity within the EU.
2. The Importer: The person or business in the EU who first places your product on the market.
3. An Authorised Representative: A company you formally appoint via a written mandate to act on your behalf for specific compliance tasks.
4. A Fulfilment Service Provider: (e.g., Amazon FBA) but only when none of the above exist for the product.

For a typical US or UK-based brand selling directly to EU consumers, you will likely need to appoint an Authorised Representative. While Amazon FBA might technically fall under the "fulfilment service provider" category, relying on them is not a viable strategy. Marketplaces will almost certainly require you to appoint your own dedicated Authorised Representative to avoid taking on the immense legal liability themselves.

What Does a Responsible Person Do?

Your Responsible Person is not just a mailing address. They have legal duties under Article 16 of the GPSR regulations. They must:

* Verify that the EU Declaration of Conformity (for CE-marked products) and the technical documentation for the product have been created.

* Ensure the product is labelled with the required traceability and contact information.

* Act as the primary point of contact for any requests from EU market surveillance authorities.

* Cooperate with authorities to mitigate any risks posed by the product.

* Immediately inform the authorities if they have reason to believe a product presents a risk.

How to Appoint a Responsible Person

If you are a non-EU seller without an importer or EU entity, you must act now.

1. Find a Provider: Search for professional "EU Authorised Representative" or "EU Responsible Person" services. These are specialised compliance firms that offer this service for an annual fee.
2. Vet Them: Ensure the provider has experience with your product category and understands the specific requirements of the GPSR.
3. Sign a Mandate: You must have a formal, written contract (a "mandate") that clearly outlines their duties and authorises them to act on your behalf.
4. Get Their Details: You will need their full company name, postal address, and email address. This information is now required on your product labelling and online listings.

New Labelling and Traceability Rules Under GPSR

The GPSR introduces stricter rules to ensure every product can be traced back to its source. This applies to both the physical product and its online sales page.

On-Product Information

Your product, its packaging, or a document accompanying it must now clearly display the following information:

* Manufacturer Details: The name, registered trade name or trademark, postal address, and electronic address (like an email or website) of the manufacturer.

* Responsible Person Details: The name, postal address, and electronic address of your EU Responsible Person (if you are based outside the EU).

* Product Identifier: A type, batch, or serial number to allow for specific identification of the product.

* Safety & Instructions: Clear warnings and safety instructions in the language of the end-user. If selling in Germany, this must be in German; in France, it must be in French.

For example, if you sell a yoga mat manufactured in China for your US-based brand on Amazon.fr, the packaging must show your US company details, the contact details of your EU Authorised Representative in, say, Ireland, a batch number, and any relevant safety information in French.

Online Listing Requirements

This is a game-changer for ecommerce. Under Article 19, the information required on the physical product must also be clearly visible to the consumer on the online listing before they make a purchase.

Your product detail pages on Amazon, Shopify, or your own website must display:

* The manufacturer's name, trade name, and contact details (postal and electronic address).

* The EU Responsible Person's name and contact details.

* The product identifier (type, batch, etc.).

* Any necessary safety warnings and information.

Marketplaces like Amazon have already started adding specific fields in their backend systems for sellers to input this data. If you leave these fields blank, you risk your listings being suppressed or removed entirely.

Your Obligations as an Ecommerce Seller

The GPSR defines specific obligations for different "economic operators." As an online seller, you may be acting in one or more of these roles.

If You Are the Manufacturer

You are considered the "manufacturer" if you have a product made to your specifications and sell it under your own name or trademark. Your key duties under Article 9 include:

* Ensuring the product is safe by design and through its manufacturing process.

* Conducting an internal risk assessment and drawing up technical documentation to prove its safety.

* Applying all the required labelling and traceability information.

* Monitoring your products after they are sold and investigating complaints.

* Reporting any accidents or serious risks to the authorities through the official "Safety Business Gateway" portal.

If You Are the Importer

You are the "importer" if you are the first person or business to bring a product from outside the EU and place it on the EU market. For example, if you buy a product from a Chinese factory and ship it to an Amazon FBA warehouse in Germany, you are the importer. Your duties under Article 11 include:

* Verifying that the original manufacturer has fulfilled their obligations (e.g., created technical documentation, applied a CE mark if required).

* Placing your own name, trade name, and contact details on the product or packaging.

* Ensuring the product is accompanied by instructions and safety information in the appropriate languages.

* Refusing to sell any product you believe is non-compliant or unsafe.

For many private label sellers, you are both the manufacturer (by branding) and the importer (by bringing it into the EU), meaning you must fulfil the duties of both roles.

How Online Marketplaces like Amazon are Affected by GPSR Regulations

For the first time, the GPSR places direct legal obligations on providers of online marketplaces. They are no longer just passive platforms; they are active participants in the safety ecosystem. Under Article 22, marketplaces must:

* Appoint a legal contact: Designate a single point of contact for direct communication with EU authorities and member states.

* Register with the Safety Gate Portal: The EU's rapid alert system for dangerous products. They will be required to monitor alerts relevant to products on their platform.

* Act on Orders: Comply with orders from authorities to remove or disable access to a listing for an unsafe product. They must act "without undue delay," and at the latest within two working days.

* Empower Sellers: Provide systems for sellers to upload all the mandatory traceability information (manufacturer, Responsible Person, etc.). They must make "best efforts" to check that sellers have actually provided this information before allowing a listing to go live.

The practical impact is clear: Amazon, Bol.com, Otto, and others are now your compliance gatekeepers. Their systems will automatically check for the required information. If your listings lack the mandatory Responsible Person details, they will be suppressed. Their incentive is to protect themselves from liability by enforcing the GPSR regulations strictly.

A Practical GPSR Compliance Checklist for Online Sellers

Use these steps to ensure your business is ready for GPSR compliance.

1. Identify Your Role: Determine if you are operating as the manufacturer, importer, or both. This defines your specific set of legal obligations.
2. Appoint Your EU Responsible Person: If you are based outside the EU, this is your first and most critical task. Contract with a reputable Authorised Representative service immediately.
3. Update Product & Packaging Labels: Redesign all your packaging and labels to include your details, your Responsible Person's details, a batch/serial number, and any required safety warnings.
4. Create Your Technical Documentation: For every product, you must have a technical file. This includes a risk assessment, test reports, and design specifications that prove the product is safe according to the criteria in the GPSR.
5. Audit and Update All Online Listings: Go through every product listing on every platform you sell on. Populate the new, mandatory fields for manufacturer and Responsible Person information. Ensure all warnings are clearly visible.
6. Establish an Accident Reporting Process: Familiarise yourself with the EU's Safety Business Gateway. Have a clear internal procedure for what to do if you receive a report of a serious safety incident involving your product.
7. Translate All Safety Information: Verify that all warnings, instructions, and safety information are professionally translated into the official language(s) of every EU country you sell to.

Stay Ahead of EU Compliance Changes

The GPSR is not a one-time checklist. It represents a new, more dynamic and demanding era of product safety enforcement in the EU. Market surveillance is increasing, and the penalties for non-compliance are severe. Staying current with regulatory changes is no longer a luxury—it's essential for survival and growth in the European market.

Delphian Compliance monitors regulations like the General Product Safety Regulation (EU) 2023/988 at the legislative source and alerts you when the rules change. Join the waitlist at delphian.eu/compliance to get early access.