At the end of 2024, the European Union introduced major new legislation governing product safety. It affects all general merchandise brands selling in Europe.
The General Product Safety Regulation (GPSR) enhances product safety and compliance in the EU market. Let’s examine what it means for your business.
Why has the General Product Safety Regulation been introduced?
Before this year, EU general merchandise sales were governed by the General Product Safety Directive, which had not been significantly updated since 2004.
EU officials wanted to replace these laws with a more comprehensive regulation that reflects modern market realities. Under GPSR, for example, companies must consider cybersecurity and AI/predictive learning features when assessing product safety.
GPSR also gives consumers greater power to report unsafe products.
What are the main changes to EU product safety rules?
You can find a detailed overview of the General Product Safety Regulation here. However, these are the key changes to note:
New EU presence requirements
Perhaps the most significant change is the need for a responsible economic operator based in the EU. This operator could be a manufacturer, importer, authorised representative or fulfilment service provider, but they must have an EU presence and take responsibility for product compliance.
Strengthened safety obligations
GPSR introduces more rigorous requirements for product safety assessments, including:
- Comprehensive technical documentation
- Detailed risk evaluations throughout product lifecycles
- Consideration of cybersecurity features
- Assessment of AI-related functionality
- Clear processes for handling safety concerns
Ecommerce focus
For the first time, online marketplaces have specific legal obligations regarding product safety. These include maintaining dedicated contact points for authorities and consumers, conducting random safety checks, and ensuring swift responses to safety alerts.
Who needs to comply with GPSR requirements?
The scope of GPSR is broader than previous legislation, affecting virtually every business in the consumer product supply chain, including:
- Traditional manufacturers and importers
- Online marketplace operators
- Companies selling refurbished or reconditioned goods
- Fulfilment service providers
- Businesses dealing in professional products that might reach consumer markets
GPSR applies directly across all EU member states without requiring national implementation. This means businesses don't face different interpretations of the rules across EU countries – a significant advantage for companies operating in multiple European markets.
What happens if you don't comply with GPSR?
Under the new GPSR framework, national authorities have enhanced powers to inspect products and take action against unsafe items. While specific penalties vary by member state, they must be substantial enough to ensure compliance.
Potential consequences of non-compliance include:
- Mandatory product recalls
- Sales restrictions
- Consumer notifications
- Financial penalties
How can your business meet GPSR requirements?
The first step to complying with GPSR is reviewing your EU presence.
You must establish or confirm a responsible economic operator based in the EU. If you don't already have a legal entity in the EU, this may mean appointing an authorised representative.
You will also need to take a thorough look at your product documentation. GPSR requires more comprehensive technical files than before, so you'll likely need to enhance documentation such as product specifications, risk assessments and safety evaluation reports. Your safety assessment procedures may need updating to align with GPSR's stringent standards.
Once initial preparations are complete, GPSR involves ongoing work to stay compliant. You'll need to maintain technical documentation for an entire decade after placing products on the market – significantly longer than many businesses currently plan for.
You will also need reliable systems for reporting safety issues and direct channels for notifying consumers about product concerns.
Need help with GPSR compliance?
Navigating EU legal requirements can be challenging for many businesses, particularly those new to Europe or dealing with complex product categories.
Working with an expert compliance partner can ensure you're fully prepared for GPSR and other European safety regulations.
Hooley Brown specialises in helping general merchandise brands meet European compliance requirements. Our comprehensive support services include:
- Acting as your authorised representative in both the UK and EU
- Managing technical documentation and safety assessments
- Coordinating product testing and certification
- Ensuring compliant labelling across multiple markets
- Handling product notifications to relevant authorities
Whether you're launching in Europe or adapting your existing operations to meet GPSR requirements, we’ll help you navigate these changes.
Book a call with our Director Clare Daley to discuss GPSR compliance.
