What is the General Product Safety Regulation (GPSR)?

The General Product Safety Regulation (GPSR), officially known as Regulation (EU) 2023/988, replaces the previous General Product Safety Directive (GPSD, 2001/95/EC). Adopted by the European Union, this regulation aims to ensure that all products sold in the EU, especially those not covered by specific sectoral legislation, meet strict safety standards. The regulation comes into effect on December 13, 2024, modernizing safety requirements to address technological advancements such as smart devices and online sales.

Key Objectives of the GPSR

The GPSR is designed to achieve the following:

• Ensure the safety of all products sold in the EU, both physical and digital.

• Expand accountability to online marketplaces and non-EU sellers.

• Strengthen market surveillance and enforcement mechanisms.

• Address risks associated with emerging technologies, such as artificial intelligence and the Internet of Things (IoT).

Who Does the GPSR Apply To?

The GPSR applies to manufacturers, importers, distributors, and online platforms within the EU, as well as businesses outside the EU that sell products to EU consumers. These entities are collectively referred to as “economic operators.”

Key Provisions of the GPSR

• Broader Scope: The GPSR applies to all products not specifically covered by other EU harmonization laws, including toys, textiles, household appliances, and connected devices.

• Safety Criteria: Products must be safe for consumers, considering both traditional risks (e.g., mechanical or chemical) and new risks, such as software vulnerabilities, data breaches, and AI systems.

• Risk Assessment: Economic operators must conduct risk assessments that consider:

  • The product’s lifecycle and foreseeable misuse.

  • Vulnerable consumer groups, such as children and the elderly.

  • Cybersecurity risks for smart devices.

Enhanced Traceability and Market Surveillance

To improve traceability, the GPSR introduces several new obligations:

• Product Identification: Products must be labeled with clear information about the manufacturer or importer.

• Digital Records: Economic operators must maintain detailed records of their supply chain and product distribution.

• Market Surveillance Authorities (MSAs): MSAs can perform unannounced inspections, order product recalls, and impose fines for non-compliance.

Online Marketplaces Under GPSR

For the first time, online marketplaces are held accountable for product safety. The GPSR establishes that:

• Online marketplaces must verify product compliance before facilitating their sale.

• Swift action is required to remove dangerous products when notified by authorities or consumers.

• Reporting mechanisms must be available for customers to flag unsafe products.

Obligations for Economic Operators

The GPSR outlines specific responsibilities:

• Manufacturers:

  • Ensure product safety through design, production, and testing.

  • Provide clear instructions and warnings.

  • Maintain technical documentation for 10 years after the last batch of a product is placed on the market.

• Importers:

  • Verify that non-EU products meet EU safety standards.

  • Label products with the importer’s name and contact details.

• Distributors:

  • Avoid selling products that do not meet safety standards.

  • Store products under conditions that do not compromise safety.

• Online Platforms:

  • Implement due diligence measures.

  • Cooperate with authorities during investigations.

Notification and Recall Requirements

Economic operators must promptly notify relevant authorities about any product posing a risk to consumer safety. Notification involves providing detailed information about the risk, affected batches, and corrective actions taken. Additionally, operators must execute product recalls efficiently and communicate effectively with consumers.

Penalties for Non-Compliance

The GPSR imposes significant penalties on economic operators who fail to comply. Penalties may include:

• Fines based on the operator’s annual turnover.

• Mandatory recalls of unsafe products.

• Legal action for damages caused by non-compliance.

How Does the GPSR Address Digital Product Risks?

With the increasing prevalence of connected devices, the GPSR requires manufacturers to mitigate cybersecurity risks. This includes preventing:

• Unauthorized data access.

• Software vulnerabilities that compromise safety.

• Risks arising from AI-driven features.

Timeline for Implementation

• Adopted: June 20, 2023.

• Transition Period: Until December 12, 2024.

• Full Enforcement: December 13, 2024.

The General Product Safety Regulation represents a significant step forward in ensuring consumer safety within the EU. By addressing emerging risks from digitalization and online commerce, the GPSR provides a robust framework for protecting consumers while fostering fair competition. Businesses must act promptly to align their operations with the new requirements to avoid penalties and maintain market access.

For further details, consult the full text of Regulation (EU) 2023/988 or reach out to a legal expert specializing in EU product compliance.