Product safety redefined: What online retailers need to know now about the new Product Safety Regulation

The digital world has revolutionized retail. Not only products, but also food and services can now be ordered and delivered online with just a few clicks. However, as consumers' new options grow, so do the challenges and obligations of suppliers. The EU Product Safety Regulation (GPSR) is now setting new standards for better consumer protection: The GPSR regulations will also be introduced in Germany this December. They oblige all online retailers to ensure that their product safety complies with the agreed European safety standards. We have summarized for you exactly what this means, which products are affected by the regulation and what online retailers need to pay particular attention to now.

More security for consumers: New obligations for online retailers

The new EU product safety regulation comes into force on December 13, 2024 came into force. The aim of the GPSR is to replace the previous directive, further strengthen consumer protection and oblige online retailers to provide documentation and ensure product quality. However, the GPSR not only concerns product quality, but also information obligations and therefore serves to monitor the market. Anyone who disregards the new rules risks not only warnings, but also a possible loss of image with customers. We have compiled an overview of the most important changes for you.

What will change for online retailers?

• Extended duties: Not only manufacturers, but also retailers are subject to greater obligations. Manufacturers must ensure that the products they offer comply with safety standards and carry out regular risk assessments. Online retailers must comply with the obligation to provide information and display manufacturers' contact details as well as product warnings and safety instructions online. For goods imported from other EU countries, a responsible person based in the EU must be specified with immediate effect.
• Risk analysis: The new regulation obliges Manufacturer:inside to carry out a risk assessment to ensure the conformity of their products with the applicable safety requirements.
• Documentation: Manufacturers are obliged to test the products regularly and to keep the technical documentation and risk assessment records for at least ten years. They must also document all relevant product safety information on the product packaging. Online retailers must also display this warning and safety information online when selling the products.
• Market surveillance: Retailers must continue to monitor their products even after they have been placed on the market and act immediately in the event of safety concerns, for example by recalling products.
• Recalls: In the event of a recall, retailers are obliged to provide consumers with a quick and uncomplicated remedy, for example through repair, replacement or refund services.

What should online retailers pay particular attention to now?

A focus area for all affected online retailers should be the new Duty to inform apply. Retailers must ensure that the product information is formulated clearly and comprehensibly and contains all relevant safety instructions. This includes, among other things, the manufacturer's contact details, information on product identification and the product image as well as warnings and safety instructions.

For goods imported from other EU countries, the responsible person based in the EU must also be specified in addition to the manufacturer's data. As a rule, this can be an importer himself, an authorized person or a fulfillment service provider.

The mentioned Warnings and safety instructions can usually be found on the product packaging or in the respective operating instructions. Online retailers can simply include these in the product description of the online offer. A common practice - namely linking to a PDF file of the safety instructions - is no longer sufficient to fulfill the new information obligation.

Why is the new regulation important?

The GPSR is intended to help ensure that only safe products are offered on the European market and that consumers are protected from hazards in the best possible way. This applies to both new and used products. The regulation does not differentiate between B2B or B2C, but is defined solely by the question of whether a product is a consumer product or not. For the sale of Advertising materials For example, it can be assumed that these end up with consumers and therefore the regulation also applies here.

Here are some specific examples of product categories that are affected by the GPSR. The classification of products is based on the risk hazard and direct consumer contact. This means that if there is a risk of injury to consumers, for example due to sharp edges, small parts or chemical and electronic risks, then the respective product is generally always affected by the new regulation:

• Toys: From dolls and building blocks to toy cars and electronic game consoles - all toys intended for children must comply with the new safety requirements.
• Cosmetics and personal care products: These include creams, lotions, shampoos and perfumes, as well as nail polish, hair dye and toothpaste.
• Textiles: Clothing, bed linen, towels and other textile products that come into direct contact with the skin are subject to the regulation.
• Electrical appliances: These include small household appliances such as toasters, blenders and coffee machines, but also larger appliances such as washing machines and refrigerators.
• Sports equipment: Bicycles, skateboards, fitness equipment and other sports equipment must also comply with the new safety standards.
• Furniture: Chairs, tables, beds and other pieces of furniture, especially those intended for children, are covered by the regulation.
• Decorative items: Candles, vases, picture frames and other decorative objects can also be affected if they harbor potential hazards.

What does this mean in concrete terms for retailers?

Retailers (or manufacturers, if applicable) must ensure that all elements of the products mentioned comply with the new safety requirements. This includes, among other things:

• Risk assessment: A thorough analysis of the potential risks of each product.
• Documentation: The storage of all relevant product safety documents.
• Duty to provide information: The provision of clear and understandable information about the products, including warnings.
• Market surveillance: Continuous monitoring of products on the market and immediate action in the event of safety concerns.

The exception(s) to the rule

As is so often the case, however, there are some exceptions to the new regulation when it comes to product safety. According to Article 2 of the GPSR, the Regulation not applicable to the following products:

• Food
• Human and veterinary medicinal products
• Animal feed
• Living plants and animals
• Animal by-products
• Plant protection products
• Means of transportation
• Antiques

Conclusion

The new Product Safety Regulation presents online retailers with new challenges, but also offers opportunities. By adapting to the new requirements at an early stage, companies can strengthen their competitiveness, increase their customers' trust in the company and make an important contribution to consumer protection at the same time.