New obligations for sellers in the European Union – the GPSR Regulation.
The GPSR represents a fundamental change in the European Union’s approach to product safety issues in the Union’s market. The GPSR regulation has replaced the previous Directive 2001/95/EC by introducing new, more stringent guidelines aligned with modern standards related to technological development and electronic commerce. The provisions came into force on December 13, 2024.
Thorough overhaul of the system
The GPSR regulation is not merely an update of previous legislation but a fundamental restructuring of the system. The new regulations aim to adapt the legal framework to the dynamically changing market, particularly to the development of electronic commerce, the emergence of new technologies, and the globalization of supply chains.
The regulation extends the obligations of all economic operators: producers, importers, distributors, and importantly – online marketplace providers. GPSR places particular emphasis on the safety of products sold online and those utilizing new technologies such as artificial intelligence and the Internet of Things (IoT). It also introduces strengthened consumer protection mechanisms, including clearer rules regarding product recalls and recovery from consumers.
It is worth noting that the new regulations apply to the consumer market (B2C). Transactions between businesses (B2B) are not subject to the provisions of the regulation.
What is the purpose of the GPSR Regulation?
The primary goal of the GPSR Regulation is to improve the functioning of the EU internal market while ensuring a high level of consumer protection. The regulation seeks to ensure that only safe products reach the EU market, regardless of whether they are sold in physical stores or online. It also aims to streamline market surveillance authorities’ actions against dangerous products.
The scope of GPSR is broad and includes products placed on the market or made available on the market regardless of whether they are new, used, repaired, or refurbished.
Who does the GPSR regulation concern?
- Producer
- Any natural or legal person who manufactures a product or commissions its design or manufacture and sells it under their own name or trademark.
- Importer
- Any natural or legal person who resides or has its registered office in the European Union and introduces a product originating from a third country into the EU market.
- Distributor
- Any natural or legal person in the supply chain, other than the producer or importer, who makes a product available on the market.
A new institution introduced is the “Responsible Person” with an address in the EU, if the producer is located outside the EU. This is particularly important for trade with third countries.
The GPSR regulation also specifically addresses the challenges related to product safety in electronic commerce, imposing specific obligations on online sellers and internet trading platform providers.