01 April 2025

GPSR - do YOU, the manufacturer, distributor and supplier of online trading platforms, meet the requirements?

GPSR Regulation – new product safety rules in the European Union

On 13 June 2023, the General Product Safety Regulation came into force . Regulation – GPSR). The new regulations introduce significant changes for manufacturers, importers, distributors and operators of online platforms, strengthening the safety of products on the EU market.

1. Scope of application of GPSR

GPSR (Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023) regulates the safety of all consumer products that are not covered by specific sectoral regulations, excluding:

medicinal products;
food and feed;
living plants and animals;
genetically modified organisms and microorganisms;
animal by-products and derived products;
plant protection products;
aircraft as defined in Regulation 2018/1139 in Article 2(3)(d)
equipment on which consumers ride or travel, where such equipment is directly operated by a service provider within the context of a transport service
antiques.

The regulation applies to all entities in the supply chain:

Manufacturers – responsible for designing and introducing safe products to the market,
Authorized representatives - the manufacturer may appoint such a representative to perform specific tasks of the manufacturer,
Importers – who need to verify that non-EU products meet GPSR requirements,
Distributors – who cannot make dangerous products available,
Providers of online marketplaces – who play an important role in supervising products sold online.

2. Key product safety requirements

- Definition of a safe product

According to Article 3(2) of the GPSR, a product is considered safe if it does not present any risk or only the minimum risks compatible with the product’s use, considered acceptable and consistent with a high level of protection of the health and safety of consumers

The following are taken into account, among others (article 6):

product features (e.g. composition, design, instructions for use, technical features),
impact on sensitive groups (e.g. children, older persons or persons with disabilities),
compliance with European standards,
the apperance of product.

- Product Identification

The new regulations impose strict requirements on various groups:

Manufacturers guarantee that the product is safe, thanks to carrying out an internal risk analysis and drawing up technical documentation containing at least a general description of the product and its essential characteristics relevant for assessing its safety. It is worth emphasizing that the manufacturer is no longer only the actual maker of the product, but also the entity that commissions the production of the product under its own brand.
Importers shall ensure that the product they import is accompanied by clear instructions and safety information in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market (article 11).
Distributors and providers of online marketplaces must monitor product safety and cooperate with market surveillance authorities.

3. Strengthened obligations for providers of online marketplaces (article 22)

One of the key changes introduced by GPSR is the increased accountability of online marketplace providers. In the case of marketplace sales providers:

design and organise their online interface in such a way as to enable traders offering a product to provide the information specified in Article 22(9) for each product offered and to ensure that this information is displayed or made available to consumers in another easy manner in the product offer for sale,
ensure the implementation of internal procedures regarding product safety,
are obliged to strive to eliminate or, if this is not possible, limit the risks posed by a product that is or has been offered online via their services,
designate a single point of contact to enable consumers to communicate directly and quickly with them in relation to product safety issues,
must use at least the Safety Business Gateway .

The public interface of the Safety Gate Rapid Alert System, the Safety Gate Portal, allows the general public, including consumers, economic operators and providers of online marketplaces, to be informed about corrective measures taken against dangerous products present on the Union market.

4. Obligations related to product recalls and consumer information

- New product recall requirements

If a product is found to pose a risk, the GPSR imposes an obligation to:

immediate notification of supervisory authorities and consumers and the introduction of corrective measures (article 9),
use of effective communication methods when it is not possible to contact all consumers,
enabling consumers to deal with an unsafe product in the form of a product recall notification (article 36).

- Strengthened role of the Safety system Gate /RAPEX

Safety Gate (formerly RAPEX) remains the main EU system for reporting dangerous products. GPSR extends its use by requiring traders to monitor notifications and respond appropriately to alerts published by other entities (article 27).

5. Penalties for failure to comply with GPSR

Member States must establish strict sanctions for violating the GPSR provisions, and the regulation only states that

the sanctions must be effective, proportionate and dissuasive (article 44), however in Poland the General Product Safety Act of 2003 may be applied here. The Act specifies penalties of up to PLN 100,000, however, taking into account in particular the degree and circumstances of the breach of obligations, therefore each time the level of sanctions is interpreted individually.

6. How to prepare for the new GPSR requirements?

Companies should implement compliance procedures now:
✔ Review product documentation and labeling ,
✔ Update safety monitoring procedures ,
✔ Implement a product recall management system ,

✔ Adjust online sales policies ,
✔ Train compliance personnel .

Summary

The GPSR is a key regulation that increases product safety in the EU. It covers both traditional supply chains and online trade, introducing stricter requirements for e-commerce platforms.

How can PICTOPLAN help you adapt to GPSR?

In the face of the new GPSR requirements, proper product labeling, compliance with standards and effective communication with consumers are becoming crucial. PICTOPLAN offers comprehensive solutions for labeling and visual identification of products, ensuring compliance with the new regulations. Our experience in implementing compliance procedures with legal standards, as well as in label design, will help you avoid mistakes and increase customer confidence. Contact us to find out how we can help your company adapt to GPSR !