作者

Dr. Philipp Behrendt, LL.M. (UNSW)

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Katie Chandler

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作者

Dr. Philipp Behrendt, LL.M. (UNSW)

合伙人

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Katie Chandler

合伙人

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2023年3月7日 | 0:40:14 h.

Looking ahead for your products

What are the proposed changes to the European product safety regime?

The European consumer product safety regime is undergoing significant changes which will impact all parties in the supply chain for consumer products including online marketplaces. The changes will be in the form of an update to the General Product Safety Directive (GPSD) which governs the safety regime for consumer products and sets out the steps which a manufacturer, importer and distributor should take in the event of a safety issue (including withdrawals and product recalls). It compliments sector specific legislation such as specific rules which apply to toys, electrical goods and cosmetics but does not cover medical devices or food which fall outside of the GPSR regime.

The European Commission herewith is proposing a newly formed General Product Safety Regulation (GPSR) which will have direct effect on Member States, once implemented. The changes include new reporting requirements including a new obligation for online marketplaces to report any safety issues or safety incident which results in serious risk or damage to the health or safety of a consumer caused by a product sold on their marketplace. Furthermore, new labelling changes proposed for consumer products and proposed obligations on manufacturers and importers to hold technical documentation align with requirements under sector specific legislation under the existing CE/UKCA marking regime.

The proposed GPSR will allow for consumers to bring class actions in respect of damage caused by an unsafe product via the Collective Redress Directive which will include particular breaches of the GPRS.

What applies to EU member states will not apply to the UK: Before Brexit, the UK regulator, the OPSS, carried out a consultation in respect of a shape up of the UK's product safety framework. Now with Brexit in place, the UK intends to bring in changes to modernise product safety laws with a particular focus on products which integrate technology and A.I. 

In this webinar recording, our experts explore the main changes being proposed, differences between EU and UK legislation, and how manufacturers, importers and distributors of consumer products should react in the event of a safety issue.

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