News
The new GPSR Regulation - what does it mean for the e-commerce industry?
by Marcin Tomczak on Jun 11, 2024
Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety will replace Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety. The new regulations apply to all sellers and manufacturers operating in the European Union market, introducing a number of obligations. The act enters into force on 13 December 2024, but it is worth carefully analyzing the upcoming regulations today to properly adapt to all requirements.
Why these changes?
The introduction of new regulations stems from the need to adapt existing product safety regulations to contemporary challenges, such as the rapid development of digitization, new technologies, and the resulting dynamic growth in online sales. EU legislators have decided to introduce regulations that will enable more effective recalls of dangerous products and ensure harmonization of regulations across the European Union.
Scope of application of the Regulation
The GPSR covers all consumer products introduced to the European Union market, regardless of the sales channel. This applies to both offline and online sales, which is particularly important in the context of rapidly growing e-commerce. The regulations apply to both new and used, repaired, or refurbished products, except for those that require repair before use and are clearly marked as such. The GPSR also clearly defines the categories of products excluded from its scope, including, but not limited to, medicines, food, feed, live plants and animals, aircraft, and antiques.
Who does the Regulation apply to?
There is no doubt that the changes resulting from the Regulation are significant and necessary, but they require thorough preparation by businesses. Previous regulations only covered four categories of entities: the manufacturer, the manufacturer's representative, the distributor, and the importer. Under the Regulation, this scope has been expanded to include, among others, marketplace platforms such as Amazon and the "responsible person," i.e., the entity responsible for carrying out the tasks specified in Article 4(3) of Regulation 2019/1020, for example, in terms of cooperation with supervisory authorities. Furthermore, the responsible person must be based in the EU; otherwise, the product may not be approved for sale.
Key obligations for manufacturers and sellers:
GPSR obliges manufacturers to ensure that their products are safe both when placed on the market and during use. These obligations include conducting risk analyses, preparing technical documentation, and monitoring product safety in the market. The entity must also respond to signals about possible threats and unsafe products, including promptly reporting accidents to the relevant authorities and implementing preventive measures, such as product recalls.
As a seller, you should pay particular attention to product labeling. The label should include complete product information, including safety information, contact information for the manufacturer, and the responsible person. Online listings should also include product images and identification elements.
Summary
The GPSR Regulation introduces modern and coherent regulations aimed at increasing product safety in the European Union market. New obligations imposed on economic operators ensure better consumer protection and more effective risk management related to unsafe products.
We recommend that you, as an entrepreneur, take the first steps as soon as possible. Although December is still a long way off, it's worth taking care of completing your documentation and verifying the compliance of your products now. Our team provides services in this area; if you need expert help, contact us; we'll be happy to help!
📞+48 781 906 020
📨 biuro@ecommercelegal.pl
Tags:
Related Articles
