The new European General Product Safety Regulation (GPSR) will come into force on December 13, 2024. It replaces the previous Product Safety Directive and brings with it a number of changes for companies that supply products to the European market. However, many of the old obligations still apply. The regulation affects all economic operators, namely manufacturers, importers, retailers and providers of online marketplaces.
New obligations for companies:
General obligations for all economic operators:
- Risk analysis and technical documentation: These are now required for all products and not, as before, for certain specific products
- New labeling requirements: An e-mail address must now also be provided on products as a contact requirement for the manufacturer/importer; in addition, information on both the manufacturer and the importer must now be provided and the previous right of choice no longer applies
- Internal procedures: Such procedures, such as quality management or product safety monitoring systems, must be introduced to ensure that legal requirements are met.
- Safety Business Gateway: The new web portal replaces the former EU rapid alert system RAPEX and comprises three elements:
– Rapid alert system for communication between national authorities and the Commission
– Web portal Safety-Gate Portal for informing the public
– Web portal that enables companies to fulfill their obligation to report dangerous products and accidents
- New dealer obligations: You must actively check whether manufacturer / importer,
– have provided the product with a legible identification feature (such as a serial number) and
– have attached safety information to the product (in German in accordance with German law still in force).
- Additional obligations for recalls: Recall is now regulated comprehensively and in detail.
- Product image in online retail: This image is now mandatory for every product.
In addition, the old obligations continue to apply. These continue to depend on the type of economic operator concerned. The most important are manufacturers, importers and distributors.
Why you should act now
The requirements of the GPSR go beyond previous regulations. Violations can not only lead to fines, but can also damage a company’s reputation.
Our law firm supports you in understanding and implementing the new obligations. Contact us for individual advice! Please contact Michael Niermann, Gisela Hebrant, LLM. , Patrick J. Kaatz and Dr. Kamila Szutowska-Simon (medical devices / medical device law).
We can send you a white paper on this topic on request. If you are interested, please contact us at chefsache@tigges.legal.
