New EU regulations
GPSR – new product safety obligations in e-commerce
The General Product Safety Regulation (GPSR) is an EU regulation aimed at ensuring that all products placed on the EU market are safe for consumers. The GPSR entered into force on December 13, 2024 , replacing the previous General Product Safety Directive.
What is the GPSR Regulation?
The GPSR (General Product Safety Regulation) replaces the existing Product Safety Directive and introduces uniform requirements for all consumer goods in the EU – regardless of the sales channel.
The new regulations apply to online stores, marketplaces, manufacturers, importers, and distributors. This is particularly important in an era of rapidly growing e-commerce.
Who does GPSR apply to?
The GPSR Regulation imposes obligations on marketplace platforms, manufacturers, importers, distributors and sellers, including those selling online.
What products does GPSR cover?
Includes GPSR
The GPSR Regulation covers all consumer products placed on the European Union market, regardless of how they are sold – both in-store and online.
The regulations apply to new, used, repaired and refurbished products, except those that require repair before use and are clearly marked as such.
Does not include, among others:
- Medicinal products (human and veterinary)
- Food and feed
- Live plants and animals, GMOs
- Animal by-products
- Plant protection products
- Transport equipment
- Aircraft
- Antiques
If the product reaches the consumer, GPSR also applies to your company.
Hierarchy of requirements
When verifying obligations related to product safety, it is necessary to verify industry or sector-specific requirements, which can be found, among others, in specific regulations or national standards for a specific product.
The GPSR regulates obligations to the extent that they are not regulated by specialized or more detailed regulations.
Basic obligations of entities according to GPSR
Responsibilities vary depending on the role in the supply chain. Detailed responsibilities for each entity are described below.
Role and responsibilities of individual entities
Producer
Any natural or legal person residing or established in the EU who places a product from a third country on the EU market.
Duties:
- Conducting internal risk analysis
- Preparation of technical documentation containing at least a general description of the product and its key properties that influence the safety assessment
- Adaptation of labels/packaging to new requirements – verification of all necessary information and the form of its presentation, including the product batch number
- Including product instructions in the target language
- Posting safety information on the website and product data sheets
- Preparation of a risk analysis
- Handling security reports
- Collecting and storing full documentation regarding the products offered
Importer
Any natural or legal person residing or established in the EU who places a product from a third country on the EU market.
Duties:
- Indicating your data on the product label or packaging before placing it on the market
- Ensuring that the product meets the safety requirements set out in the GPSR
- Verification that the manufacturer has conducted a risk analysis and prepared technical documentation
- Checking whether the manufacturer has marked the product with a type, batch or serial number or other legible identification element
- Verification that the manufacturer has included all required information on the label or packaging
- Cooperation with market surveillance authorities
- Maintaining a register of complaints and non-compliances
Distributor / Seller
Any natural or legal person in the supply chain, other than the manufacturer or importer, who makes a product available on the market.
Duties:
- Ensure that the manufacturer has met the requirements for product identification (batch, type or serial number)
- Verification that the manufacturer has provided all the necessary information on the label
- Checking whether instructions for use and safety information are included in a language understandable to consumers
- Verification that the importer has provided his/her details on the label (company name, postal and e-mail address)
- Checking whether the importer has provided appropriate instructions in the official language of the country of sale
- Making sure the product is not damaged
- Cooperation with supervisory authorities in the event of an inspection
- Withdrawal of dangerous products from the market
Responsible person
Required for manufacturers not based in the EU
The entity designated by the non-EU manufacturer to ensure product compliance with regulations. The contact details of the responsible person must be included on the packaging, product, or user manual.
Duties:
- Representing a non-EU manufacturer before supervisory authorities
- Storage of technical documentation of products
- Providing documentation upon request of control authorities
- Cooperation with market surveillance authorities
- Having a registered office or representative in the EU
- Ensuring the availability of product safety information
Each of these entities may bear separate administrative liability for failure to comply with GPSR requirements.
What must every GPSR product have?
- • Name and surname or business name
- • Registered trade name or trademark
- • Company postal address
- • Electronic address
- • Contact point (if different from address)
- • Product code, batch number
The contact details of the importer and seller must be available on the product, packaging or documentation.
All warnings and safety information in the language of the country of sale.
Instructions for assembly, operation and use – if the use of the product requires it.
Technical documentation, including risk analysis (depending on the analysis result).
The rule is to place information directly on the product .
They may be placed on the packaging or in a document accompanying the product only if the size or nature of the product does not allow them to be placed directly on it.
Important: Aesthetic values are not considered as a factor in placing information on the packaging instead of on the product.
What should be included on a product card in an online store?
- Name, registered trade name or registered trade mark of the manufacturer
- Postal and electronic address (e-mail address/link to the contact form – this cannot be a link to the website itself)
- Name and surname or name
- Postal and electronic address (e-mail address/link to the contact form – this cannot be a link to the website itself)
- Product identification information, including product image
- Product type
- Other product identifiers
- Any warnings or safety information in a language easily understood by consumers
- Assembly, operation and use instructions (if applicable)
- Photos of packaging containing information about the manufacturer, importer, seller, and responsible person
A link to a contact form is acceptable, but it cannot simply be a link to the website's home page . It must lead directly to the form or email address.
All information must be 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.
Consequences of not implementing GPSR
Each Member State was obliged to define sanctions in its national legislation.
Penalties vary and depend on the entity's role in the supply chain.
Fine of up to PLN 1,000,000 per product not meeting safety requirements.
Responsibility applies to manufacturers, importers and sellers – every entity in the supply chain may face consequences.
Don't wait - implement GPSR now
Failure to implement GPSR may result not only in high financial penalties, but also in product recalls, loss of reputation and problems with business continuity.
GPSR implementation process
Analyze your current procedures and ensure your products meet new safety standards.
Update risk analysis, instructions and warnings
Make sure that the manufacturer or importer's details are visible on the product/packaging, product data sheet and in the documentation
Update product sheets with required information in accordance with GPSR
Monitor changes in regulations and adapt to them on an ongoing basis
Legal packages for e-commerce
Choose a package
Legal Partner
Comprehensive legal services for e-commerce leaders
- Everything from the Start, Flow and Force packages
- A team of dedicated lawyers to serve your company
- Monthly legal audit with a full report on the implementation of changes
- A total of 6 hours of legal services per month (legal advice, drafting of documents)
- Free legal consultations in the form of meetings (twice a month)
- Legal training for the team
- Priority 24/7 support, priority assistance in the event of PIH/UOKiK/UODO inspections
Summary of the selected package
Legal Start
Perfect for beginner shops
99 PLN / monthly
Contact
Send inquiry
Our other services
ecommerce.legal – a team of e-commerce lawyers who ensure the compliance of online stores in Poland and abroad.
We offer comprehensive e-commerce law support tailored to the needs of your business.
From legal documentation, through compliance audits, to ongoing legal support in a subscription model.