General Product Safety Regulation (GPSR)

The European Union (EU) is one of the world’s largest and most regulated markets, offering vast opportunities for businesses and eCommerce sellers worldwide. However, to successfully enter and compete in this market, businesses must comply with stringent product safety regulations, such as the General Product Safety Regulation (GPSR). The GPSR ensures that all consumer products—whether imported, locally manufactured, or sold online—meet the highest safety standards to protect consumers.

If you are a UAE exporter or eCommerce seller, understanding and adhering to GPSR requirements is essential to ensure market access, avoid penalties, and build consumer trust. At Filings.ae, we specialize in helping UAE-based businesses navigate the complex landscape of EU product safety regulations. Our expert team provides comprehensive support to ensure that your products comply with GPSR, allowing you to expand your reach in the EU market .

Contact Filings.ae for expert advice and support -  ensure your products meet the highest safety standards for success in Europe.

What is the General Product Safety Regulation (GPSR)?

The General Product Safety Regulation (GPSR) is a new set of rules introduced in the European Union to ensure consumer products are safe and reliable. Starting 13 December 2024, the GPSR will replace older regulations, such as the General Product Safety Directive and the Food Imitating Product Directive, to bring safety standards in line with modern-day challenges, particularly in the era of advanced technology and online shopping.

The GPSR ensures that all products sold to consumers within the EU are safe to use. It also imposes specific responsibilities on businesses to follow strict safety requirements, monitor products for potential hazards, and take swift action if any issues arise. Whether your products are manufactured locally, imported, or sold online, businesses must demonstrate compliance to avoid penalties and ensure consumer protection.

Key Changes Under the GPSR

The General Product Safety Regulation (GPSR) introduces several important updates to product safety standards in the EU. Here are some of the key changes businesses need to know:

• Mandatory Risk Assessments: Businesses must conduct thorough risk assessments for all products before they are sold. These assessments will identify potential safety hazards and must be documented and available for inspection.
• Stricter Product Safety Standards: The GPSR sets more detailed and modern safety requirements, particularly in response to the rise of new technologies, like AI and IoT.
• Greater Accountability for Economic Operators: Manufacturers, importers, and other economic operators are now more accountable for ensuring products meet safety standards. This includes keeping detailed records and taking swift corrective actions when needed.
• Enhanced Consumer Protection: The regulation strengthens consumer rights, ensuring that unsafe products are quickly identified and removed from the market through tools like the Safety Gate Rapid Alert System.
• Increased Focus on Online Sales: The GPSR introduces specific obligations for businesses selling products online, including the requirement to provide detailed manufacturer information and appoint a Responsible Person within the EU for non-EU businesses.

Which Products Are Covered by the GPSR?

The General Product Safety Regulation (GPSR) covers a wide range of products sold in the EU, ensuring consumer safety across various categories.

Products Covered:

• New, Used, Repaired, or Reconditioned Products: This includes any product offered for distribution, consumption, or use in the EU, regardless of whether it is sold for a fee or provided for free.
• Products Not Covered by Specific EU Laws: If a product is not specifically regulated by other EU safety laws, the GPSR applies. This ensures that even products not covered by separate regulations are still subject to general safety standards.
• Sales Through All Channels: The GPSR applies to products sold through any channel, whether online, in physical stores, or via other sales methods.

Products Excluded: 

The GPSR does not apply to the following products:

• Medicinal products for human or veterinary use.
• Food and animal feed.
• Living plants and animals, genetically modified organisms (GMOs), or microorganisms in contained use.
• Animal-derived products and by-products.
• Plant protection products.
• Transport equipment operated by service providers.
• Aircraft with low safety risks in design, production, maintenance, and operation.
• Antiques.
• Products marked for repair or reconditioning before use.

Who Needs to Comply with the GPSR?

The General Product Safety Regulation (GPSR) outlines the responsibilities of various groups involved in placing products on the EU market. These groups must ensure that products meet the required safety standards.

• Manufacturers: Manufacturers are responsible for ensuring that products are safe by design and meet the required safety standards. They must assess risks, maintain technical documentation, and take immediate action if a product is found to be unsafe.
• Importers: Importers must ensure that the products they bring into the EU meet all safety requirements before being sold. They must also provide clear safety instructions and contact details on the products.
• Distributors: Distributors, including retailers, are responsible for ensuring that the products they sell comply with safety regulations. They must verify that the products they offer meet the safety standards and act quickly if a product is deemed unsafe.
• Online Marketplaces: Online marketplaces (e.g., Amazon, eBay) are now directly responsible for ensuring that products sold on their platforms comply with the GPSR. They must verify that sellers provide safe products and follow necessary safety protocols. Marketplaces can also be held accountable if they fail to act on unsafe products.
• Authorised Representatives: An Authorised Representative acts on behalf of a manufacturer based outside the EU, ensuring that the manufacturer's products comply with GPSR regulations. This includes ensuring that the product meets safety standards, conducting risk assessments, and being the point of contact for EU authorities if issues arise.

Responsibilities of Economic Operators in the EU

Under the General Product Safety Regulation (GPSR), every product sold in the EU must have a designated "economic operator" responsible for ensuring its safety. This operator can be the manufacturer, importer, authorised representative, or fulfilment service provider. Each of these groups plays a crucial role in ensuring that products meet the required safety standards and are safe for consumers.

Responsibilities of Manufacturers Under GPSR

Manufacturers bear primary responsibility for product safety. Here are their key obligations:

• Product Safety: Manufacturers must design and produce products that are safe for consumers. This includes ensuring products meet all relevant safety standards.
• Risk Analysis and Documentation: Manufacturers are required to conduct thorough risk assessments for their products. They must also maintain technical documentation, including:
  • A detailed risk analysis
  • Evidence of compliance with relevant safety standards
  • Information on product traceability and identification
• These documents must be kept up-to-date and available for inspection by authorities when requested.

Responsibilities of Importers Under GPSR

Importers are responsible for ensuring that the products they bring into the EU meet the required safety standards. Their duties include:

• Verifying that products comply with EU safety requirements before they are sold.
• Ensuring that the products are properly labelled with safety instructions and contact details.
• Keeping records of product compliance and being ready to cooperate with authorities if any issues arise.

Responsibilities of Distributors Under GPSR

Distributors, including retailers, also play a role in ensuring product safety. Their responsibilities include:

• Verifying that products they sell comply with safety standards.
• Storing product safety documentation and making it available for authorities if needed.
• Reporting any safety concerns to manufacturers or authorities.

Responsibilities of Online Marketplaces

Online marketplaces, such as eCommerce platforms, have additional responsibilities under the GPSR. They must:

• Ensure that the products sold on their platforms comply with EU safety standards.
• Keep records of economic operators (such as manufacturers and importers) for traceability purposes.
• Cooperate with authorities to remove unsafe products from their platforms if necessary.

Responsibilities of Authorised Representatives

An authorised representative acts on behalf of a manufacturer in the EU. Their key responsibilities include:

• Ensuring that products are in compliance with EU safety requirements.
• Maintaining product safety documentation on behalf of the manufacturer.
• Serving as the point of contact for regulatory authorities in the EU.

Key Obligations for eCommerce Operators

When selling products online—whether through their own website or via online marketplaces—eCommerce operators must ensure that the following information is provided:

• Manufacturer Information:
  • Name, registered trade name, or trademark of the manufacturer.
  • Postal and email addresses where the manufacturer can be contacted.
• For Non-EU Manufacturers:
  • The name, postal, and email address of the Responsible Person designated within the EU. (The Responsible Person is a designated contact for non-EU manufacturers who will be held accountable for product safety within the EU market.)

In short, everyone involved in bringing a product to market in the EU, including online sellers, must ensure the product meets the safety standards outlined in the GPSR to protect consumers and comply with EU regulations.

Product Safety Requirements under the GPSR

Under the General Product Safety Regulation (GPSR), economic operators (businesses) are required to ensure that only safe products are placed on the market or made available to consumers. This is the primary safety obligation under the regulation.

To evaluate a product’s safety, several factors must be taken into account:

• Product Features: This includes the product’s design, technical specifications, materials, packaging, and usage instructions.
• Interactions with Other Products: The safety assessment should also consider how the product interacts or may affect other products when used together.
• Presentation and Labelling: The product’s appearance, packaging, labelling, and any safety warnings or instructions must be clear and provide essential information to consumers.

These factors must all be thoroughly evaluated to ensure the product is safe for consumers.

Safety Gate Rapid Alert System and Safety Business Gateway

The EU Commission has established two key portals to facilitate the quick exchange of important safety information regarding products in the EU market:

Safety Gate Portal

This portal is accessible to the public and market surveillance authorities. It allows them to quickly access details about unsafe products, including warnings, recalls, and other safety-related alerts.

Safety Business Gateway

This portal is designed for economic operators—such as manufacturers, importers, distributors, and online marketplace providers. It enables them to share important safety information with market surveillance authorities and consumers in compliance with the GPSR. It ensures that critical safety information is communicated efficiently across the market.

How to Ensure Your Business Meets GPSR Compliance

To ensure your business complies with the General Product Safety Regulation (GPSR), you must take a series of strategic actions to guarantee that your products meet the required safety standards. Here's a step-by-step guide to achieving compliance:

Conduct Thorough Risk Assessments

Businesses should perform detailed risk assessments for all products. These assessments must identify potential hazards at every stage of the product lifecycle—from design and production to distribution and use. It is essential to document these assessments and assign clear responsibility for product safety.

Strengthen Supply Chain Management

Ensure that all suppliers, manufacturers, and partners in your supply chain meet GPSR safety standards. Collaborate closely with your partners to guarantee they follow the required safety protocols and provide the necessary documentation to prove compliance. Regularly audit your supply chain to ensure ongoing safety.

Maintain Clear Product Documentation

Under the GPSR, businesses must maintain technical documentation that shows how their products comply with safety standards. This documentation should include detailed information about product design, manufacturing processes, risk assessments, and safety features. It should be kept up to date and available for review by market surveillance authorities if needed.

Provide Clear Labelling and Instructions

Ensure that all products sold in the EU come with clear, comprehensive labelling and instructions for use. This includes safety warnings, proper handling guidelines, and manufacturer contact information. It’s essential that the labels are easy to read and comply with GPSR requirements for all consumer categories.

Implement Traceability Measures

To meet GPSR requirements, businesses must ensure products can be traced throughout the supply chain. This includes maintaining records that allow identification of the product’s origin and its journey from manufacturer to end consumer. Establish a robust system for tracking products and providing safety information in case of recalls or incidents.

Monitor and Act on Safety Issues

Businesses must monitor the safety of their products on the market and take immediate action if a safety issue arises. This includes cooperating with market surveillance authorities, implementing product recalls when necessary, and informing consumers about any risks. If a product is found to be unsafe, it must be removed from the market quickly.

Use the Safety Gate and Safety Business Gateway

Make sure to register any safety incidents on the Safety Gate Portal and keep your business up to date with product alerts. For economic operators use the Safety Business Gateway to communicate safety information to market surveillance authorities and consumers efficiently.

Consequences of Non-Compliance with GPSR

Failure to comply with the General Product Safety Regulation (GPSR) can result in severe consequences for businesses. These may include:

• Financial Penalties: Businesses found non-compliant with GPSR may face hefty fines, which can be costly and damage their financial standing.
• Product Recalls: Non-compliant products may be subject to mandatory recalls, resulting in significant operational and reputational costs.
• Market Bans: In severe cases, businesses may be prohibited from selling unsafe products in the EU market, which can severely disrupt operations.
• Criminal Charges: For serious breaches, manufacturers and distributors could face criminal charges, especially if consumer safety is put at risk.
• Reputational Damage: Non-compliance can damage a company’s reputation, erode consumer trust, and affect long-term business success.
• Legal Actions: Companies found violating GPSR rules may also face legal actions from regulatory authorities, leading to additional financial and legal burdens.

GPSR Obligations for UAE Businesses Selling to the EU

UAE businesses looking to sell products in the EU must comply with the General Product Safety Regulation (GPSR). This includes ensuring their products meet safety standards and appointing a "Responsible Person" within the EU who will be accountable for product safety. This representative will handle compliance tasks such as risk assessments, documentation, and liaising with authorities if necessary. Compliance with GPSR is essential to avoid penalties and ensure smooth market access in the EU.

Ensure Your Business is GPSR Compliant with Filings.ae!

Filings.ae is here to help businesses navigate the complexities of GPSR compliance. Whether you're an UAE exporter or an e-commerce operator looking to sell in the EU, we provide expert guidance and the necessary tools to ensure your products meet all safety standards and regulatory requirements. Whether you’re entering the EU market for the first time or need ongoing compliance support, our team is ready to assist.

Get started today! Reach out to us for expert assistance with GPSR compliance and ensure your products are fully prepared for the EU market.