Stakeholders will no doubt be aware that the EU has recently introduced significant updates to its product safety regime by virtue of the EU Regulation on General Product Safety (GPSR). The new rules replace the General Product Safety Directive (GPSD) to cater for emerging technologies such as artificial intelligence systems and IoT devices, circular economy practices, and the globalisation of supply chains. We explore what this means for businesses placing products on the EU market and what we expect to happen in the UK in the year ahead.
Scope of the GPSR
The GPSR came into effect on 13 December 2024 and is directly applicable in all EU Member States (including Northern Ireland). This means it does not have to be transposed into national law. The new rules complement other EU sector specific safety legislation, such as the rules on medical devices, toys, electronics, machinery, and AI systems.
The GPSR requires that economic operators only place or make available safe products on the EU market. It applies to all consumer products, defined as items that are "likely, under reasonably foreseeable conditions, to be used by consumers".
The definition is broad and includes second-hand, refurbished, reused, and recycled products. It also refers to any item, whether interconnected or not, but does not expressly refer to software (unlike the definition of product set out in the new PLD). The European Commission has produced a non-binding FAQ document which suggests, without any reasoning, that digital products including software fall within scope. We are expecting guidance to be published which might clarify this further.
What are the obligations?
Every "economic operator" in the supply chain plays a role in ensuring that only safe products are placed or made available on the EU market. This includes manufacturers, importers, distributors, authorised representatives, fulfilment service providers, and providers of online marketplaces.
A safe product means "any product which, under normal or reasonably foreseeable conditions of use … does not present any risk or only the minimum risks compatible with its use ...".
Manufacturers have the most extensive obligations, including conducting an internal risk analysis and maintaining technical documentation for ten years after a product has been placed on the market.
The safety risk assessment must be documented and should consider all relevant aspects, including:
- the effect of interconnection
- risks to vulnerable consumers
- cybersecurity measures
- the products' evolving, learning and predictive functionalities.
The GPSR requires a designated "Responsible Person" to be established in the EU to ensure compliance and act as a point of accountability with market surveillance authorities.
Online marketplace providers must also fulfil specific product safety obligations such as:
- establishing a single point of contact for product safety
- designing their interface to display accessible product information
- implementing product compliance processes and suspending non-compliant traders
- registering with and using the Safety Gate Portal
- removing dangerous products on orders from authorities within two working days.
Economic operators and online marketplaces must inform consumers directly and promptly about recalls and safety warnings. Recall notices must avoid terms which may downplay risk eg, 'voluntary', 'precautionary', 'discretionary'. Consumers should be offered a choice of two remedies, including repair, replacement with a safe equivalent, or refund.
Enforcement
Non-compliance with the GPSR could have serious consequences. Penalties for infringements are at the discretion of Member States and may differ in each jurisdiction, but they must be effective, proportionate, and dissuasive. In Germany, for example, the new Product Safety Act mandates fine of up to EUR 100,000.
EC Communication on safe and sustainable e-commerce
Despite the introduction of the GPSR, the EC remains concerned about the safety standards of non-EU goods sold to EU consumers online. The EC published a Communication on a comprehensive EU toolbox for safe and sustainable e-commerce on 5 February 2025. This sets out the Commission's approach to addressing challenges posed by e-commerce imports across their lifecycle. As part of this, the Communication looks at issues around product safety. The Commission will assess and report on the highlighted areas and consider whether to propose new measures within one year.
Does the GPSR apply in the UK?
The GPSR does not apply in Great Britain but it does apply in Northern Ireland. This means that products sold on the GB market (England, Wales, and Scotland) must still comply with the General Product Safety Regulations 2005/1803, which implemented the GPSD into UK law. However, British businesses placing products on the EU market must comply with the GPSR.
We expect that the Product Regulation and Metrology Bill will be enacted this year. The Bill is currently going through the legislative process and is still subject to change, but it will likely give the government the power to make secondary legislation to update existing laws and address some of the challenges we currently face. For example, in the government's response to the Product Safety Review and next steps published towards the end of last year, the Office for Product Safety and Standards confirmed that a key priority is to address the problem of unsafe products being sold to UK consumers via online marketplaces.
If enacted, the Bill will give the government the ability to diverge from EU requirements where hazards or opportunities arise or mirror EU requirements where that is the right approach for UK businesses and consumers. As such, businesses placing products on both the GB and EU markets should monitor developments in this area closely and ensure they comply with both sets of rules.
