On January 3, the General Product Safety Supervision Act entered into force, introducing implementing provisions to the GPSR. The national General Product Safety Supervision Act serves as an implementing and organizational instrument aimed at ensuring the effective application of EU regulations, which are directly applicable in all Member States from December 13, 2024.
The new act adapts the Polish legal system to the realities of the GPSR, in particular in the following areas:
-
competences of market surveillance authorities,
-
control and sanction procedures,
-
principles of cooperation with EU bodies,
-
information and reporting obligations of entrepreneurs.
Although the provisions of the GPSR Regulation are directly applicable, its practical effectiveness required the creation of a national legal framework to enforce the new obligations. This applies in particular to mechanisms for responding to unsafe products, conducting inspections, imposing administrative penalties, and operating EU systems such as Safety Gate.
In practice, this means that from 2026, entrepreneurs operating on the Polish market, including manufacturers, importers, distributors and online sellers, must take into account not only the content of the GPSR itself, but also national regulations that specify the manner of implementing these obligations and the consequences of their violation.
Who does the General Product Safety Supervision Act and the GPSR Regulation apply to?
Both the national act and the EU regulation apply to all entities that place products on the European Union market or make them available, regardless of the form of business or sales channel. The regulations apply to both traditional and distance selling, including online stores.
The regulations apply to the entire supply chain: producers, importers, distributors and the marketplace platform.
Powers of the Office of Competition and Consumer Protection and the Trade Inspection in the light of the Act on supervision over general product safety
As indicated in the Act, the national coordinator and supervisory authority for general product safety is the President of the Office of Competition and Consumer Protection, while the executive authority responsible for product control is the provincial inspectors of the Trade Inspection.
The Act expanded the competences of these authorities in order to integrate the Polish control system with EU procedures, introducing a wide range of measures of a diverse nature that allow supervisory authorities to respond efficiently and proportionately to threats related to product safety at every stage of their availability on the market.
What powers does the President of the Office of Competition and Consumer Protection have under the Act on Supervision of General Product Safety?
Under the General Product Safety Supervision Act, the President of the Office of Competition and Consumer Protection (UOKiK) plays a central and coordinating role in the national system for enforcing the provisions of the GPSR Regulation. His responsibilities extend beyond traditional regulatory activities and encompass both strategic, international, and strictly administrative functions.
The President of the Office of Competition and Consumer Protection (UOKiK) acts as a single liaison office , representing Poland in the work of European Union bodies and cooperating with international institutions responsible for product safety. In this regard, she also participates in peer reviews conducted jointly with the European Commission and supervisory authorities of other Member States, which serves to standardize supervisory practices and exchange experiences.
Its responsibilities also include developing a national market surveillance strategy for general product safety, outlining inspection priorities and the direction of supervisory authorities' actions. This strategy is crucial for planning inspections and responding to new and systemic threats emerging on the market.
The President of the Office of Competition and Consumer Protection (UOKiK) also serves as the national contact point for the Safety Gate early warning system , receiving and disseminating information about products posing a risk to consumers. In this context, she reviews notifications regarding product safety and their compliance with GPSR regulations, and coordinates follow-up actions at the national level.
Another important area of activity for the President of the Office of Competition and Consumer Protection (UOKiK) is inspections and control projects coordinated by the European Commission , including projects financed by EU funds. In parallel, the President may enter into agreements with trading platforms and consumer organizations aimed at improving product safety standards, particularly in online trade.
At the stage preceding the initiation of formal proceedings, the President of the Office of Competition and Consumer Protection is entitled to request information and documents regarding product safety, which enables quick risk identification and taking appropriate action without the need to launch a full administrative procedure.
If violations are identified, the President of the Office of Competition and Consumer Protection (UOKiK) conducts proceedings against businesses and online platform and service providers , including removing unsafe content or restricting access to interfaces offering products that do not meet GPSR requirements. These powers culminate in the imposition of administrative fines for violations of the GPSR Regulation and national law.
Such a broad range of powers makes the President of the Office of Competition and Consumer Protection a key entity responsible not only for responding to violations, but also for systemically shaping the level of product safety on the Polish market.
What powers does the Trade Inspection have under the Act on Supervision of General Product Safety?
Under the Act on Supervision of General Product Safety, the Trade Inspection has been granted a significantly expanded set of operational competencies, significantly strengthening its role in the ongoing oversight of the safety of products offered to consumers. These new powers allow the Inspectorate to act not only reactively but also in a systemic and preventive manner, covering the entire product lifecycle – from the moment it is introduced to the market to its availability in sales channels, including e-commerce.
One of the key instruments is the authority to obtain documentation and information regarding the supply chain and the scale of product presence on the market . The Trade Inspectorate may request data and documents from businesses that allow for the determination of the origin of goods, identification of subsequent distribution links, and assessment of the extent to which a given product is available to consumers. This mechanism allows for comprehensive risk analysis – both for individual products and entire product groups – and the early detection of threats at various stages of trade.
At the same time, the Trade Inspection has gained expanded authority to verify the safety of products already on the market or being made available on the market . Inspections may include laboratory testing, assessment of compliance with applicable technical standards, analysis of manufacturer declarations, and verification of compliance with GPSR regulations. Importantly, these powers apply to both brick-and-mortar sales and online products, enabling consistent and continuous market surveillance regardless of the sales channel.
Of particular importance in the new supervision model is the ability to conduct controlled purchases . The Trade Inspectorate can anonymously purchase products in real-world sales environments, without disclosing its identity, and then evaluate them for safety, labeling, compliance with declared properties, and potential practices that could mislead consumers. This instrument allows the authority to operate in a manner that closely reflects the experience of the average consumer and significantly increases the effectiveness of detecting irregularities that might otherwise remain hidden during announced inspections.
Controlled purchasing, previously associated primarily with the agri-food market, is becoming particularly important in the realities of e-commerce within the general product safety system. It allows for the assessment of the actual condition of products offered online , without prior preparation on the part of the entrepreneur and without the impact of controls on the presentation or completeness of information provided to consumers.
As a result, every product placed on the market or made available remotely can be realistically tested by a supervisory authority , significantly increasing the importance of internal procedures for ensuring product safety and quality control throughout the supply chain. For businesses, this means the need to constantly monitor the compliance of their products with GPSR requirements, not only during the design and production stages but also throughout their actual presence on the market.
Online store inspections in 2026
Both the provisions of the GPSR and the national act will have a significant impact on entrepreneurs operating in the e-commerce industry, as well as importers of goods from outside the European Union.
The number of entities that will be inspected in 2026 is estimated at approximately 10,000.
The new regulations not only strengthen consumer protection, but also bring order to the competitive environment in the market, significantly limiting the advantage of entities operating outside EU standards and regulations. Businesses that diligently comply with the GPSR obligations can now compete on a more transparent basis, even with entities offering products of unverified origin.
The changes entail costs for audits, document verification and filling in missing documentation by specialists, but these costs are significantly lower than the potential penalties, which you will find a summary of below.
You can read more about GPSR on our website:
https://ecommercelegal.pl/pages/gpsr
If you need help implementing GPSR, please contact us:
Karolina Witt - GPSR expert:
📞+48 533 405 676
📩 karolina.witt@ecommercelegal.pl
Act on supervision of general product safety - PENALTIES
Although the GPSR Regulation specifies the obligations of entities participating in product trade, the principles of administrative liability and the list of fines for violating these obligations are regulated by the Act on Supervision of General Product Safety. This national law determines the type of sanctions, the procedure for imposing them, and the amount of the fines, providing the basis for enforcing the GPSR provisions at the national level.
Administrative fines are presented in Chapter 3 of the Act. Below is a table providing an overview of penalties relevant to e-commerce businesses.
Glossary of terms:
Manufacturer - any natural or legal person who manufactures a product or who has a product designed or manufactured and sells that product under his or her own name or trademark.
Authorised representative - any natural or legal person residing or established in the EU and who has received written authorisation from the manufacturer to act on his behalf in relation to specific tasks in relation to the manufacturer's obligations under the GPSR.
Importer - any natural or legal person residing or established in the EU and placing a product from a third country on the EU market.
Distributor - any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a product available on the market.
Responsible person - any natural or legal person residing or established in the EU who is responsible for ensuring product safety.
The whole chain* - manufacturer, authorized representative, importer, distributor, order fulfillment service provider, any other natural or legal person subject to the obligations of GPSR.
|
Who does it concern? |
The nature of the violation |
Maximum penalty for violation |
|
Producer |
Placing on the market a product that does not comply with the general safety requirement (Article 5 of the GPSR). |
up to PLN 1,000,000 |
|
Producer |
Placing a product on the market without conducting a risk analysis or without preparing the required technical documentation. |
up to PLN 100,000 |
|
Placing a product on the market without ensuring its traceability, in particular the lack of a type, batch or serial number or equivalent marking. |
up to PLN 100,000 |
|
|
Producer |
Failure to include manufacturer identification information on the product or its packaging or to provide a clear contact point. |
up to PLN 100,000 |
|
Producer |
Failure to provide consumers with effective communication channels to report complaints, accidents or product safety hazards. |
up to PLN 100,000 |
|
Producer |
Failure to ensure that technical documentation is up-to-date and not stored for the required period of ten years from the product's introduction to the market. |
up to PLN 40,000 |
|
Producer |
Failure to provide clear instructions or safety information with the product in the language required in the Member State where the product is made available, even though without such information the product cannot be used safely for its intended purpose. |
up to PLN 200,000 |
|
Producer |
Failure to take immediate corrective measures, including withdrawing the product from the market or recalling it, despite the finding or reasonable suspicion that the product placed on the market is unsafe. |
up to PLN 200,000 |
|
Producer |
Failure to inform consumers about the risks associated with a dangerous product in accordance with the procedures provided for in the GPSR regulations. |
up to PLN 200,000 |
|
Producer |
Failure to report a product-related accident to the appropriate authority via the Safety Business Gateway without undue delay from the time the accident becomes known. |
up to PLN 200,000 |
|
Producer |
Failure to provide market surveillance authorities with required information regarding the product or circumstances of the accident upon their request. |
up to PLN 200,000 |
|
Authorized representative |
Failure to perform the tasks specified in the authorisation received from the manufacturer or failure to provide the market surveillance authorities with a copy of this authorisation upon their request. |
up to PLN 40,000 |
|
Authorized representative |
Failure to provide the market surveillance authority, upon reasoned request, with the required information or documents necessary to demonstrate the safety of the product, in an official language understood by that authority. |
up to PLN 40,000 |
|
Authorized representative |
Failure to notify the manufacturer of the finding or reasonable suspicion that the product covered by the authorization is a dangerous product. |
up to PLN 40,000 |
|
Authorized representative |
Failure to inform the competent national authorities of actions taken to eliminate risks associated with the product, in particular by failing to notify via the Safety Business Gateway, if this information was not provided by the manufacturer or on its instructions. |
up to PLN 40,000 |
|
Importer |
Placing on the market a product that does not comply with the general safety requirement (Article 5 of the GPSR). |
up to PLN 1,000,000 |
|
Importer |
Placing a product on the market without conducting a risk analysis or without preparing the required technical documentation. |
up to PLN 100,000 |
|
Importer |
Placing a product on the market without ensuring its traceability, in particular the lack of a type, batch or serial number or equivalent marking. |
up to PLN 100,000 |
|
Importer |
Failure to include manufacturer identification information on the product or its packaging or to provide a clear contact point. |
up to PLN 100,000 |
|
Importer |
Placing a product on the market without conducting a risk analysis or without preparing the required technical documentation. |
up to PLN 100,000 |
|
Importer |
Placing a product on the market without ensuring its traceability, in particular the lack of a type, batch or serial number or equivalent marking. |
up to PLN 100,000 |
|
Importer |
Failure to include the required identification information of the importer, including name, postal and e-mail address or contact point, on the product, its packaging or in the accompanying documentation. |
up to PLN 100,000 |
|
Importer |
Placing additional labels in a way that makes it difficult or impossible to read the information required by EU law, in particular the information provided by the manufacturer. |
up to PLN 100,000 |
|
Importer |
Failure to verify the availability of public communication channels enabling consumers to submit complaints and report accidents or product safety issues. |
up to PLN 100,000 |
|
Importer |
Failure by the importer to establish communication channels for consumers if they were not provided by the manufacturer, including channels adapted to the needs of people with disabilities. |
up to PLN 100,000 |
|
Importer |
Failure to include clear instructions or safety information with the imported product in the language required in the Member State where the product is made available, even though without such information the product cannot be used safely for its intended purpose. |
up to PLN 200,000 |
|
Importer |
Failure to take or ensure that corrective measures are taken promptly, including withdrawing the product from the market or recalling it, despite the fact that the product is found to be unsafe or there is a reasonable suspicion that the product is unsafe. |
up to PLN 200,000 |
|
Importer |
Failure to inform consumers about the risks associated with a dangerous product in accordance with the procedures provided for in the GPSR regulations. |
up to PLN 200,000 |
|
Importer |
Failure to inform the manufacturer without undue delay of an accident caused by the product, despite having knowledge of such an event. |
up to PLN 200,000 |
|
Importer |
Failure to retain copies of technical documentation for the required period of 10 years after the product is placed on the market. |
up to PLN 40,000 |
|
Distributor |
Making available on the market a product that does not comply with the general safety requirement (Article 5 of the GPSR). |
up to PLN 500,000 |
|
Distributor |
Placing a product on the market that lacks the required traceability, in particular by not marking the product with a type, batch or serial number or other visible and legible identification element, and where this is not possible – by lacking the required information on the packaging or in the documentation accompanying the product. |
up to PLN 100,000 |
|
Distributor |
Placing a product on the market without the required identification data of the manufacturer, including the name and postal and e-mail address or contact point, on the product, its packaging or in the accompanying documentation. |
up to PLN 100,000 |
|
Distributor |
Placing a product on the market without the required identification data of the importer, including the name and postal and e-mail address or contact point, being provided on the product, its packaging or in the accompanying documentation. |
up to PLN 100,000 |
|
Distributor |
The importer places additional labels in a way that makes it difficult or impossible to read the information required by EU law, in particular the information provided on the label by the manufacturer. |
up to PLN 100,000 |
|
Distributor |
A distributor making a product available without being accompanied by clear instructions or safety information in the language required in the Member State in which the product is made available, even though the product cannot be used safely for its intended purpose without such information. |
up to PLN 200,000 |
|
Distributor |
A distributor providing a product without verifying that the product is accompanied by the required instructions and safety information when the product cannot be used safely without such information. |
up to PLN 200,000 |
|
Distributor |
Failure to take or ensure that immediate corrective measures are taken, including withdrawing the product from the market or recalling it, despite the finding or reasonable suspicion that the product made available is unsafe or does not comply with the GPSR requirements. |
up to PLN 200,000 |
|
Distributor |
Failure to inform the manufacturer without undue delay of an accident caused by a product made available on the market by the distributor, despite having knowledge of such an event. |
up to PLN 200,000 |
|
Responsible person |
Failure to include the required identification data of the economic operator, including the name or trademark and postal and electronic addresses, on the product, its packaging, parcel or accompanying document. |
up to PLN 50,000 |
|
Responsible person |
Failure to report an accident, despite having knowledge of an accident caused by the product, when the manufacturer is not resident or has its registered office in the European Union. |
up to PLN 200,000 |
|
The entire chain (*manufacturer, authorized representative, importer, distributor, order fulfillment service provider, any other natural or legal person subject to GPSR obligations) |
Failure to provide documentation upon request of the provincial inspector of the Trade Inspection. |
up to PLN 50,000 |
|
The whole chain* |
Failure to provide the market surveillance authority, upon request, with full information regarding the risks posed by the product, including complaints, known accidents and corrective measures taken. |
up to PLN 50,000 |
|
The whole chain* |
Failure to provide, at the request of the market surveillance authority, information enabling the traceability of the product, in particular data relating to economic operators involved in its supply or distribution. |
up to PLN 50,000 |
|
The whole chain* |
Making a product available for sale at a distance without clearly indicating the manufacturer's identifying information, including its name and postal and e-mail address. |
up to PLN 500,000 |
|
The whole chain* |
Failure to indicate in the distance selling offer the details of the person responsible in the EU, if the manufacturer does not have his place of residence or registered office in the EU. |
up to PLN 500,000 |
|
The whole chain* |
Failure to include in the distance selling offer information enabling the unambiguous identification of the product, including its image, type or other identifiers. |
up to PLN 500,000 |
|
The whole chain* |
Failure to include the required warnings or safety information in the distance selling offer in the language determined by the Member State in which the product is made available on the market. |
up to PLN 500,000 |
|
The whole chain* |
Failure to provide, at the request of the President of the Office of Competition and Consumer Protection, the information necessary to determine whether the product is safe and compliant with the GPSR regulations. |
up to PLN 100,000 |
|
The whole chain* |
Preventing the commencement of or hindering the conduct of inspection activities by the provincial inspector of the Trade Inspection. |
up to PLN 300,000 |
|
Internet platform provider |
Failure to designate a single point of contact for direct electronic communication with market surveillance authorities on matters related to product safety. |
up to PLN 1,000,000 |
|
Internet platform provider |
Failure to designate a single point of contact for direct electronic communication with market surveillance authorities on matters related to product safety. |
up to PLN 1,000,000 |
|
Internet platform provider |
Failure to designate a single point of contact enabling consumers to communicate directly and quickly with the platform provider on product safety matters. |
up to PLN 1,000,000 |
|
Internet platform provider |
Failure to timely implement a decision ordering the removal of content relating to a product from the online interface or the posting of a clear warning regarding the product on the online interface for end users when they access the online interface, issued by the President of the Office of Competition and Consumer Protection (UOKiK) in the event of determining that the product is dangerous or inconsistent with the GPSR regulations. |
up to PLN 1,000,000 |
|
Delivery of information society services |
Failure to timely implement a decision ordering the removal of content relating to a product from the online interface or the posting of a clear warning regarding the product on the online interface for end users when they access the online interface, issued by the President of the Office of Competition and Consumer Protection (UOKiK) in the event of determining that the product is dangerous or inconsistent with the GPSR regulations. |
up to PLN 1,000,000 |
|
Controlled |
Failure to provide, at the request of the provincial inspector of the Trade Inspection, documents, technical specifications, data or information necessary to determine whether the product is safe and complies with the GPSR regulations; information |
up to PLN 50,000 |
|
Controlled |
Failure to provide, at the request of the provincial inspector of the Trade Inspection, information on the supply chain, details of the distribution network, the number of products on the market and other product models with the same technical characteristics as the product subject to inspection, if this is relevant to assessing whether the product is safe and complies with the GPSR regulations. |
up to PLN 50,000 |
|
Controlled |
Failure to provide, at the request of the provincial inspector of the Trade Inspection, information necessary to determine the ownership of websites, if this information concerns the product being inspected. |
up to PLN 50,000 |
|
Controlled |
Failure to provide, at the request of the provincial inspector of the Trade Inspection, a free product in quantities necessary to conduct tests to determine whether the product is safe and compliant with the GPSR regulations. |
up to PLN 200,000 |
