New EU product safety regulation from December 2024

Introduction to the EU Product Safety Regulation

The EU Product Safety Regulation, also known as GPSR (General Product Safety Regulation, EU 2023/988), which comes into force on December 13, 2024, applies to all products that are introduced or made available on the market .

This provision applies unless other specific safety regulations apply to the products concerned.
This also includes used, repaired or reconditioned products.
This regulation aims to ensure the safety of products and at the same time strengthen consumer protection.

The regulation defines clear safety standards that manufacturers, importers and retailers must comply with.
It also includes strict regulations on product testing and liability in the event of damage caused by unsafe products.

However, the following are excluded:

• Human and veterinary medicinal products
• Food
• Animal feed
• living plants and animals, genetically modified organisms and genetically modified microorganisms in contained systems and products of plants and animals directly related to their future reproduction
• Animal by-products and derived products
• Plant protection products
• means of transport by which consumers move or travel and which are directly operated by service providers in the context of a transportation service provided to consumers and are not operated by the consumers themselves
• Aircraft referred to in Article 2(3)(d) of Regulation (EU) 2018/1139
• Antiques
• Products that need to be repaired or reconditioned before use and are clearly labeled as such

Why is the GPSR important for online retailers?

For online retailers, the GPSR brings both challenges and new opportunities.
Understanding this regulation is crucial in order to prevent legal problems and guarantee the safety of the products on offer.

Online retailers play a crucial role in modern retail.
With the GPSR coming into force, it will be essential for these retailers to understand and implement the new regulations.

The regulation not only influences product selection, but also marketing strategies, pricing and customer relationships.

Failure to comply with the GPSR can lead to high fines, product recalls or even legal disputes, which can threaten the existence of online retailers.

What is changing for online retailers?

New requirements and regulations

The GPSR introduces several new requirements that have a direct impact on the business processes of online retailers.
These include the need to provide comprehensive information about the safety features of products.

The aspects for assessing safety:

• Characteristics of the product (design, construction, technical features, instructions for use, packaging)
• Interaction with other products
• Labeling of the product
• consumer-specific aspects (e.g. consumer groups affected, gender-specific differences in terms of health and safety)
• Appearance of the product if it could mislead the consumer into using it other than as intended
• Cybersecurity features
• evolving, learning and predictive functions of the product

Online retailers must ensure that they have appropriate procedures in place to monitor and control products to ensure compliance with safety standards.
This may require investment in new technology or training for staff.

Another important aspect is the documentation obligation.
Retailers must keep detailed records of the safety checks and all relevant information on the products offered.
This is not only necessary to comply with legal regulations, but also to be prepared in the event of queries or complaints from supervisory authorities.

The EU Product Safety Regulation requires manufacturers to include clear instructions and safety information with their products, written in the language specified by the Member State.
This information must be easy for the consumer to understand.

There is an exception for products that can be used safely and in accordance with the manufacturer’s instructions even without such instructions and safety information.

Minimum information in the technical documentation:

• Name and address of the manufacturer of the authorized representative
• a brief description of the product
• the product identification, e.g. serial number
• Name and address of the sites involved in the design and manufacture of the product
• Name and address of any notified body involved in the conformity assessment of the product
• Indication of the conformity assessment procedure applied
• the EU Declaration of Conformity
• the type plate and the operating instructions
• Indication of the relevant regulations with which the product complies
• Specification of the technical standards compliance with which is claimed
• a list of the parts/components
• Test and measurement results

Effects on the sales process

The GPSR will have a significant impact on the sales process of online retailers.
Customers increasingly expect transparency regarding the safety standards of the products they buy.

Online retailers should therefore provide clear and precise information about the security certificates and checks on their sales platforms.

The sales offer must contain the following information:

• Details of the manufacturer: name, registered trade name or registered trade mark, postal address and e-mail address
• if the manufacturer is based outside the EU: Name, postal address and e-mail address of the so-called EU economic operator
• Identification labeling: Product image and type as well as other product identifiers
• any warnings or safety information in a language determined by the Member State

This can also boost consumer confidence and lead to higher sales figures.

Online retailers must ensure that their customers have the opportunity to report complaints directly.
It is also mandatory to cooperate with the market surveillance authorities and immediately use the Safety Gate portal ➚ to report possible safety risks or accidents involving products.

Compliance with the GPSR may also change competition among online retailers.
Retailers who proactively implement the new requirements could gain an advantage over their competitors who may not do so.
Therefore, online retailers should view the GPSR not only as an obligation, but also as an opportunity to differentiate themselves.

What provisions does the GPSR cover?

Product requirements and safety standards

The GPSR sets out specific safety requirements for products sold on the EU market.
These requirements may vary depending on the product type.

In general, products must be designed and manufactured in such a way that they do not pose a risk to the safety or health of consumers under normal or foreseeable conditions of use.
This includes both physical risks and risks relating to chemical or biological hazards.

In addition, products imported into the EU must also meet these standards.

This means that importers are responsible for ensuring that products comply with EU regulations before they are placed on the market.

This regulation is intended to prevent unsafe products from reaching the European market and thus endangering consumers.

Monitoring and control

Another key aspect of the GPSR is the introduction of stricter monitoring and control mechanisms.

The national authorities are obliged to carry out regular checks to verify compliance with safety standards.

Online retailers are also obliged to cooperate fully with requests from supervisory authorities and to provide all necessary information.

The GPSR also stipulates that retailers must act quickly and transparently in the event of product recalls.
This means that they must be able to inform customers and offer refunds or replacement products.

Effective crisis management will therefore be essential for the success of an online retailer under the new regulation.

Products covered by the GPSR

Defined product categories

The GPSR applies to a wide range of product categories, including consumer products, electrical appliances, toys and household goods.

These products must be safe throughout their entire life cycle, from design and manufacture through to disposal.

Products that are considered particularly dangerous, such as toys or medical devices, are especially critical and must undergo strict safety tests.

The regulation will also be extended to new technologies that are becoming increasingly important in the digital economy.

This includes products such as smart home devices, which often have to take into account not only physical but also digital security aspects.

It is important that online retailers inform themselves about the specific requirements for the product categories they offer.

Special regulations for certain products

Some product categories are subject to specific regulations that go beyond the general safety requirements.

For example, there are special regulations for electrical appliances with regard to energy efficiency and the dangers of electric shocks.

These specific regulations are designed to protect both consumers and the environment.
Online retailers must ensure that they not only comply with the general requirements of the GPSR, but also observe the specific regulations for the products they offer.

For certain products, such as food or medicines, additional national and international regulations apply.
These can vary from country to country, which is why it is crucial for online retailers to find out about the applicable regulations in the various EU member states.

What about second-hand products?

Relevance of the GPSR for second-hand goods

The GPSR also applies to used or repaired products.
This means that sellers of second-hand goods must ensure that the products offered meet the same safety standards as new products.

Online retailers who sell used goods must be aware of this responsibility and carry out appropriate checks to ensure the safety of the products.

An additional aspect is transparency.
Sellers of used products should disclose all information about the condition of the goods, including possible defects or repairs.

These practices help to strengthen consumer confidence in used items and prevent legal problems.

Obligations for sellers of used products

Online retailers who offer used or repaired goods must comply with specific obligations.
Firstly, they are obliged to ensure that the products are safe and do not pose a risk to consumers.
This may include carrying out tests or inspections to check the safety of the products.

In addition, sellers of used products must provide all relevant information about the origin and condition of the goods.
This transparency not only meets the legal requirements, but can also strengthen customer confidence and increase sales opportunities.

The obligations of online retailers

Documentation and information obligations

One of the biggest challenges for online retailers under the GPSR are the documentation and information obligations.

Retailers must keep comprehensive records of the safety testing of their products and make this information available to the supervisory authorities on request.

This may require the introduction of new software or systems to track and document product safety data.

In addition, online retailers are obliged to provide clear and comprehensible information about the security features of their products on their sales platforms.

This information should be easily accessible to help consumers make informed purchasing decisions and avoid potential risks.

Liability and responsibility

The GPSR also brings with it significant liability issues.
Online retailers are responsible for the safety of the products they sell.

If a product proves to be unsafe and causes damage, retailers can be held liable.
This includes both the legal consequences and the potential financial losses that may arise from recalls or claims for damages.

To minimize the risk of liability claims, online retailers should take proactive measures to ensure the safety of their products.

This includes keeping up to date with the latest safety standards, offering regular training for employees and setting up effective recall mechanisms so that they can react quickly in the event of an emergency.

What must be observed when selling goods or services to consumers?

Special challenges in online sales

Distance selling contracts present specific challenges that online retailers must take into account when complying with the GPSR.

Processing orders from different EU countries can be complex, as different countries have different product safety requirements.

Therefore, retailers must ensure that they know and comply with the local regulations in each country in which they operate.

In addition, online retailers are obliged to provide their customers with comprehensive information about the safety-relevant properties of their products.
This includes not only providing accurate product information, but also explaining how consumers can avoid potential risks.

Clear communication is crucial to gaining the trust of customers and avoiding legal problems.

Customer transparency and information obligations

Customer transparency is a central point of the GPSR.
Online retailers must ensure that consumers are informed of all relevant information before making a purchase.

This includes not only the characteristics of the products, but also information about possible risks and safety precautions.
Transparent communication can help to promote customer loyalty and trust.

Retailers should also ensure that they have appropriate channels in place to answer customer questions about product safety and information.

Providing easily accessible customer service can be critical to ensuring customer satisfaction and avoiding legal issues.

What happens to products that have already been sold?

Transitional arrangements and exceptions

Certain transitional arrangements apply to products that were sold before the GPSR came into force.
These regulations allow retailers to sell existing stocks, even if they do not fully comply with the new requirements.

However, retailers must ensure that the products are safe and do not pose a risk to consumers.

It is important that traders fully understand the transitional arrangements as they can affect not only legal obligations but also liability issues.

Retailers should also prepare to check their stocks and make any necessary adjustments to ensure the safety of the products.

Consumer rights and return policy

Under the GPSR, consumers have rights that protect them in terms of product safety and return claims.
If a product is deemed unsafe, consumers have the right to return and refund.

Online retailers must provide clear return policies to support these rights and maintain customer trust.
Compliance with the returns policy is particularly important to prevent legal problems.

Retailers should ensure that their returns policy is clear and understandable so that consumers know exactly what to expect should they be faced with an unsafe product.

Conclusion

Importance of compliance with the GPSR for online retailers

The EU Product Safety Regulation represents a significant change in product safety and consumer protection.
Online retailers must understand and implement the new requirements and regulations in order to prevent legal problems and guarantee the safety of their products.

At the same time, the GPSR also offers opportunities to gain the trust of consumers and stand out from the competition.

Outlook for future developments

The GPSR is likely to continue to evolve and adapt to changing market conditions and technologies in the future.
Online retailers should therefore remain proactive, keep abreast of the latest developments and make any necessary adjustments.

By proactively complying with the GPSR, retailers can not only minimize legal risks, but also strengthen customer satisfaction and their brand reputation.

Sources for this article: IHK.de ➚