Introduction

Placing products on the European Union market under its own brand, even if they are manufactured by an external manufacturer outside the EU, imposes on the seller the full scope of the manufacturer's obligations under the GPSR Regulation.

With the rapid growth of cross-border sales, more and more businesses are choosing to import and offer products manufactured outside the EU but under their own brand. Sellers often mistakenly identify their role as solely that of an importer or distributor, unaware of the legal implications of such a business model.

Case description

One of our clients, an online retailer selling in several European Union markets, offered products manufactured outside the EU on its own behalf and then branded them with its logo. This assumed that all requirements regarding product safety, completeness of instructions, and technical documentation rested with the foreign manufacturer. The client failed to verify these documents or develop its own safety information. The client also failed to ensure the preparation of documentation confirming safety and the implementation of product monitoring procedures on the market.

Solution method

After analyzing the situation, we informed the client that, under the GPSR, as an entity commissioning production and marketing products under its own brand, it is treated as a manufacturer, not merely an importer. Consequently, it must fulfill the full range of manufacturer obligations—from ensuring product compliance with safety requirements, through preparing and providing required technical documentation and consumer information, to implementing monitoring mechanisms and product recall procedures in the event of a hazard.

We conducted detailed training for the client's team on GPSR and the obligations arising from the regulation, as well as the consequences of non-compliance. Then, working with our engineering team, we developed a complete set of safety documents and user manuals. Additionally, we conducted a website audit, focusing on the correct implementation of GPSR requirements in consumer communication, and prepared a detailed report with recommendations.

Effects

Following implementation, the client had a complete set of documents required by the GPSR, both regarding the products offered and the information obligations towards consumers. The product safety monitoring process was streamlined, and clear risk management procedures were developed. A website audit allowed us to eliminate discrepancies in product presentation and implement solutions that meet the requirements of the regulation.

Summary

This example demonstrates that a seller offering products under their own brand (this also applies to situations where a company outsources the production and design of the product) is fully responsible for their safety and compliance with EU requirements. It is crucial not only to have the required documents but also to implement them in practice and conduct regular audits. Proper awareness of the seller's role and responsibilities helps avoid serious legal consequences and build customer trust in the demanding EU market.