Navigating the GPSR Online

How retailers and manufacturers should deal with the new EU GPSR regulation.

Starting December 13, 2024, the new General Product Safety Regulation (GPSR) comes into effect, bringing significant changes to the EU’s general product safety law. The regulation replaces Directive 2001/95/EC—also known as the General Product Safety Directive—and in many areas also supersedes the German Product Safety Act (ProdSG).  What does this mean for retailers and manufacturers?
What actions must you take to comply with the new requirements? And how can these requirements be implemented efficiently?

ATTENTION: The GPSR opens a new gateway for legal warnings and cease-and-desist letters!

Details matter!
With the GPSR, missing even a single requirement can leave you vulnerable to legal warnings—something no one wants. So if you haven’t already, it's time to get familiar with the regulation. And if you’re unsure about anything, feel free to contact us!

Step 1: Are My Shop and Products Affected by the GPSR?

The GPSR generally applies to all consumer products that are placed on the market or made available within the EU. What does that mean?

  • “Placing on the market” means the first time a product is supplied (whether for payment or free of charge) to a third party with the goal of distribution, consumption, or use.
  • “Making available” refers to any supply of a product (paid or free) for distribution, consumption, or use on the EU market as part of a business activity. A product offered online or via distance selling is considered “made available” if the offer targets end-users in the EU.

So: almost every product and provider is covered by the GPSR—unless they clearly fall under one of the specified exceptions, which are regulated differently.

 

Ausnahmen von der GPSR sind ...

  • Human and veterinary medicinal products
  • Food products
  • Animal feed
  • Live plants and animals, genetically modified organisms, microorganisms in closed systems, and products directly linked to reproduction of plants and animals
  • Animal by-products and derivatives
  • Plant protection products
  • Means of transport operated by service providers (e.g., trains, buses)
  • Aircraft
  • Antiques such as collectibles or artworks, where consumers would not reasonably expect modern safety standards to apply

According to Article 2, paragraph 2, the GPSR explicitly does not apply to these products—either because they’re governed by other rules (e.g., pharmaceuticals), or because they’re too old to meet current product safety expectations (e.g., antiques over 100 years old).

 

Products offered before December 13, 2024

Products that were already placed on the EU market before December 13, 2024, can still be sold afterward. The regulation states that EU member states may not restrict the sale of these products. However, certain conditions must be met: The product must comply with the current Product Safety Act and must have been placed on the market before December 13, 2024. This means: If a product is manufactured before but not sold until after December 13, it falls under the new GPSR requirements. Even for identical models, the key factor is the placement date—not the model’s launch history.

Step 2: Am I affected by the GPSR as a retailer or manufacturer?

The GPSR applies to:

  • All retailers, manufacturers, and importers—especially online sellers, who face new obligations for providing information
  • Any products intended for use by consumers, even if they only use them at the end of a long supply chain
  • No distinction is made between B2B and B2C. Even promotional materials for B2B products may be affected if they could eventually reach consumers
  • Used, refurbished, or recycled products also fall under the GPSR, unless they are clearly marked as requiring repair or reconditioning

In short: the scope of this regulation is broad. Most retailers and manufacturers are affected. What should you keep in mind?

Step 3: Do your product listings already meet GPSR information requirements?

Check whether you’re already complying with the GPSR’s information obligations. You must include the following details clearly and visibly in your product listings:

 

Manufacturer details

  • Name, registered trade name or trademark, postal address, and electronic contact info (e.g., email address or contact form link)
  • If the manufacturer has no EU office, the authorized representative in the EU must be named, including address and contact info. Be careful here—details matter!

 

Product identifiers

These help ensure clear identification of the product. That includes: A photo or image of the product, a description of the product type, other identifying info (e.g., model numbers).

 

Warnings and safety information

These must be provided in a language easily understood by consumers.
They must appear either on the product itself, the packaging, or a product insert.
For online stores, they must appear directly and clearly visible alongside the product listing.

Step 4: Implement the GPSR requirements

If any of the above applies to your business or products, you need to act now. That means:

  1. Update product descriptions to include images and required details
  2. Add or complete manufacturer information in product listings
  3. Include all required warnings and safety info

 

Product Support Service

We can help! We’ll review your product listings, research missing information, and help fill the gaps. While we’ll need a bit of input from you, we’ll handle most of the work—quickly and reliably.

 

Get in Touch!

At DRIVE, we’re deeply engaged with the GPSR and know how to help you comply—both by the December 13, 2024 deadline and beyond. Daher ruft uns gern an: 0511-6407060 oder per Mail an: pole-position[at]drive.eu. We’re happy to help!

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