Safeguarding Consumers: The EU's General Product Safety Directive

The European Union’s General Product Safety Directive (GPSD) has been key in making sure all products in the EU are safe¹. But, new tech and online shopping have brought new problems. So, the EU has updated its safety rules with the Regulation (EU) 2023/988 on General Product Safety (GPSR)¹.

Contents

This new rule will start on June 13, 2023, and fully take effect on December 13, 2024¹. The GPSR aims to protect consumers better by setting clear rules for companies and tackling new tech dangers¹. It also makes checking product safety easier by setting up new networks for safety checks¹.

Key Takeaways

The EU’s General Product Safety Directive is being replaced by the new General Product Safety Regulation (GPSR), which will enter into force in June 2023 and apply from December 2024.
The GPSR modernizes the EU’s general product safety framework to address new challenges posed by the digitalization of the economy, such as online sales growth and the emergence of new technologies.
The regulation aims to enhance consumer protection by introducing clear definitions of economic operators, addressing hazards related to new technologies, and improving market surveillance and enforcement of safety rules.
Online marketplaces have new obligations under the GPSR, including registering in the Safety Gate Portal, following up on orders, and cooperating with Market Surveillance Authorities.
The GPSR sets requirements for more effective product recalls and integrates safety assessments for food-imitating products, among other key provisions.

Overview of the EU’s General Product Safety Directive

The European Union is changing its product safety rules with the new General Product Safety Regulation (GPSR)². This change aims to keep up with the digital world and online sales challenges².

Key Objectives and Scope

The GPSR will take over from the old General Product Safety Directive (GPSD) and the Food Imitating Product Directive². It will make sure all products in the EU are safe and follow the same rules². This includes things like toys, electrical items, cosmetics, and chemicals³.

Addressing New Challenges in Product Safety

The GPSR now covers products with new technologies, tackling safety issues from digital sales⁴. It makes sure all products sold online or in stores are just as safe³.

Its main goals are to keep consumers safe, deal with online sales problems, improve checks, and make recalling products easier². It also gives national authorities more power to check products and enforce safety rules³.

The GPSR uses the safety rules from the GPSD but updates them for today’s issues³. It aims to build trust with consumers and make the EU market safer and more sustainable⁴.

Product Safety Obligations for Economic Operators

The European Union’s General Product Safety Regulation (GPSR) sets clear safety rules for businesses like manufacturers, importers, and distributors⁵. They must sell only safe products, tell consumers about risks, and track and remove dangerous ones⁵.

Manufacturers have more duties under the GPSR. They must check for risks and keep detailed records of their products⁵. If they think a product is dangerous, they must tell consumers and authorities right away through the Safety Business Gateway⁵. If a product needs to be recalled, they must share clear info and fix the issue for free and quickly⁵.

Importers and distributors are key to keeping products safe⁶. They must make sure products are safe and report any dangerous ones to the authorities⁶. Distributors should check that products meet all safety standards and tell authorities about any dangerous items⁶.

All businesses in the supply chain must have their own safety checks, work with safety authorities, share product info when asked, and report on accidents⁵. Online sellers must have two contacts for safety talks and sign up for the Safety Gate portal⁵.

The GPSR makes sure only safe products are sold in the EU, with clear rules for everyone involved⁶. By working together, all parties can protect consumers and keep products safe⁵.

“The GPSR imposes specific product safety obligations on economic operators, including manufacturers, importers, and distributors. Businesses must only place safe products on the market, inform consumers of risks, and ensure dangerous products can be traced and removed.”

The Role of Online Marketplaces in Ensuring Product Safety

Online marketplaces are getting more popular, with 91% of people buying goods from them⁷. This makes it key to ensure product safety online. The rise of e-commerce has brought new challenges. For example, 62.5% of electrical goods on online marketplaces didn’t meet safety standards, and 23% were unsafe⁸.

Responsibilities of Online Marketplace Providers

The European Union’s General Product Safety Regulation (GPSR)⁹ has set new rules for online marketplaces. These rules require marketplaces to register with the EU’s Safety Gate system and have a contact point. They also need to let traders share safety info on their sites⁹.

These rules work with the EU’s Digital Services Act, which also makes online platforms responsible for illegal and unsafe products.

Now, online marketplaces must be more active in keeping products safe. They must act on safety notices within three days⁹. They also need to make it easy for traders to share product info, like who made it and any warnings⁹.

“70% of marketplace users think the law should make marketplaces responsible for product safety.”⁷

New rules aim to tackle the issues with online sales. For example, 1 in 8 people weren’t sure if their latest online buy was from a person or a business⁷. This shows we need more transparency and accountability online.

Following the GPSR’s new rules will mean working closely with different groups⁹. Companies have until December 2024 to meet these new standards⁹. This will help protect consumers more in the digital world.

Assessing Product Safety: Criteria and Requirements

The EU’s General Product Safety Regulation (GPSR) sets new standards for product safety. Manufacturers must now do a detailed risk check and gather technical documents before selling products 10. They need to look into how safe a product can be made and if there are safer options¹⁰.

Safety Assessment for New Technologies

New tech brings new challenges for product safety. Manufacturers need to think about how new features like smart tech affect safety¹⁰. This ensures consumers stay safe from new dangers in product design and tech.

Looking into safety risks from new tech, like smart features and connectivity
Seeing if it’s possible to make products safer with design changes or other options
Keeping records of safety checks and tech specs to prove they meet standards

Product Safety Criteria	Regulatory Requirements
Labeling and warnings	Products must have clear labels with type, batch or serial number, maker’s name, and age info for kids¹⁰
Design and construction	Products should be made to reduce risks, often needing lab tests¹⁰
Product categories	The GPSR covers many products, like toys, furniture, and sports gear, but not medicines or food¹⁰

“Ensuring new products are safe is key for manufacturers. The GPSR helps check new tech’s effects on health and safety.”

Following the GPSR’s safety rules and checks shows a brand’s dedication to keeping consumers safe and meeting top safety levels¹⁰.

Traceability and Identification of Products

The European Union’s General Product Safety Directive (GPSD) now requires better tracking and identifying of products. Manufacturers must include batch or serial for easy product identification¹¹. This change helps make the supply chain more transparent and accountable. It also makes responding to product defects or safety issues quicker¹¹.

Traceability Systems for High-Risk Products

For high-risk products, the European Commission may set up special tracking systems. These systems require economic operators to keep detailed product data for tracking and removing dangerous goods¹¹. The goal is to make products safer and of better quality, building trust with consumers¹¹.

Identifying and tracing products is key for keeping quality high, automating production, and making products socially acceptable¹². Manufacturers must use unique numbers like part numbers and serial numbers to identify their products¹². Keeping good records is important for meeting quality standards and following the rules¹².

Traceability Requirement	Objective
Lot numbers assigned to material purchases	Aid in GMP and CSPC compliance¹¹
Significant for tracking and tracing products throughout the supply chain	Allows for quick response and appropriate action in case of issues or defects¹¹
Material traceability report	Provides a summary of material usage¹¹
Enables quick recall initiation in case of product defects	Helps in creating a direct relationship between purchases and manufacturers¹¹

“Product identification and traceability are essential for maintaining product quality, automation in manufacturing processes, and ensuring socially acceptable products for consumers.”¹²

In fields like food, pharmaceuticals, and automotive, tracing products is a must to meet safety and quality standards¹². How to identify and trace products varies by industry and product type. Methods include barcodes, RFID tags, and even blockchain technology¹².

Good traceability systems cut down on recall costs and improve stock control. This makes products safer and of better quality¹³. Companies need a solid recall plan ready for safety issues¹³.

Accident Reporting and Product Recalls

The EU’s General Product Safety Directive (GPSR) makes it clear what companies must do when accidents happen. They must tell authorities and customers about serious issues with their products¹⁴. If a recall is needed, companies must fix the problem for free and quickly, like by repairing, replacing, or refunding, under certain rules¹⁴.

Notification and Remediation Obligations

Companies like makers, importers, distributors, and sellers must tell about products that could hurt people badly¹⁴. They have to report within 24 hours if they find out about a problem¹⁴. They also have 10 working days to decide if they need to tell the CPSC about it¹⁴.

The CPSC looks into these reports to see if they need to take action¹⁴. Not every report means a recall is needed, as some problems might not be serious¹⁴. The CPSC keeps this info secret, but can share it under certain conditions like for legal cases or public safety¹⁴. Workers can also speak up without fear of losing their job or facing revenge for reporting safety issues¹⁴.

Customers can tell the CPSC about dangerous products on SaferProducts.gov or by calling a hotline¹⁵. Most investigations start because of complaints from customers or other sources¹⁵. Companies might also contact customers directly if they recall a product for safety reasons¹⁵.

Investigators work to support new or ongoing investigations, check product safety, and decide if a recall is needed¹⁵. This helps the CPSC protect consumers by looking into safety issues¹⁵.

There are many recalls happening in the US at any time, covering things like cars, strollers, food, and more¹⁶. Recalls can be done by companies or forced by the government if products don’t meet safety standards¹⁶. In Nevada, recall evidence might not always be used in court¹⁶.

To win a case, someone hurt by a product must show it was dangerous and the company could have made it safer¹⁶. An accident and proof of a recall can help show the product was dangerous¹⁶.

Product Recalls

Key Requirements for Accident Reporting and Product Recalls	Description
Notification Obligations	Manufacturers must promptly notify authorities and consumers of serious accidents related to their products. Companies must report defective products that could create substantial risks, products posing unreasonable risks, and products failing to comply with safety regulations. Reports must be made to the Commission within 24 hours of obtaining reportable information. Companies must determine within 10 working days if a report to the CPSC is necessary.
Remediation Obligations	When a recall is necessary, businesses must provide effective, cost-free, and timely remedies for consumers, such as repair, replacement, or refunds. Consumers can report unsafe products to the CPSC through SaferProducts.gov or the toll-free hotline. CPSC investigators gather information to support investigations, analyze product safety, and determine if a recall is needed.
Legal Considerations	Product recalls may be voluntary or involuntary, with the government having authority to mandate recalls. Evidence of a recall may not always be admissible in a products liability case in Nevada. To win a products liability case, the injured victim must prove the product is unsafe based on what a reasonable manufacturer would have done.

Product Safety in the Digital Age

Addressing Challenges Posed by Online Sales

Online sales are booming, and the EU’s General Product Safety Directive (GPSR) tackles the unique issues of e-commerce. A 2021 OECD sweep showed many unsafe products were still on sale, despite being banned or recalled before¹⁷. To fix this, the GPSR sets clear rules for online sales, making sure safety info is shared with buyers.

New tech brings new safety concerns, like connected devices and changing features. The GPSR keeps up with these changes to protect consumers. A webinar aims to improve safety online by sharing best practices among officials, businesses, and experts¹⁷.

Topics include sharing info on unsafe products, strengthening laws, and making recall processes better. It also talks about working with online platforms for safety¹⁷
Goals include better teamwork between online platforms, safety groups, and global organizations. They aim to make safer online shopping and inform buyers about risks¹⁷

Experts from different fields will come together to talk about keeping products safe online¹⁷.

Products liability has changed with the digital age. Courts are figuring out who is responsible for harm from online products. For example, Amazon was held responsible for injuries from a hoverboard sold on its site¹⁸. This shows how courts are trying to reduce accidents in today’s laws¹⁸.

Future challenges include making old legal rules work for new tech. The US has gone through many stages of products liability, ending in a new phase for the digital age¹⁸.

Trust is key for businesses to succeed today. Over 40% of Americans have faced online harassment, and trust in social media dropped last year¹⁹. Companies that build trust can grow fast and make more money¹⁹. Slack handles billions of actions daily, and having a strong trust team is crucial¹⁹.

“The evolution of products liability in the digital age addressing dangers posed by the online platform economy reflects societal decisions on deterrence.”

The GPSR tackles online sales challenges to keep products safe and encourage innovation in the digital era.¹⁷¹⁸¹⁹

Enhancing Market Surveillance and Enforcement

The EU’s General Product Safety Regulation (GPSR) has made market surveillance and enforcement stronger. It helps protect consumers²⁰. Now, national authorities are in charge of checking the market closely with economic operators and consumers²⁰. The European Commission also gives final say on product risks, solving disagreements between states²⁰.

Coordinated Actions and Joint Inspections

The GPSR lets for joint inspections and control actions on certain products²⁰. These efforts, led by the European Commission, make sure product safety standards are the same across the EU²⁰. The Safety Gate platform is where countries report unsafe products and what they did to stop accidents²⁰.

The Coordinated Activities on the Safety of Products (CASP) framework covers many areas, from specific products to common issues²⁰. These actions, funded by the European Commission, boost market surveillance and enforcement in member states²⁰.

“Effective market surveillance and enforcement are crucial to ensuring the safety of products available to consumers across the EU.”

New tech and online sales bring new challenges, so the EU’s rules keep changing²¹. Laws like the European Accessibility Act and the UK’s Product Security Act aim to tackle new risks²¹. Rules on traceability and sustainability show the EU’s focus on product safety and managing its lifecycle²¹.

Businesses need to keep up with these changing rules. They should check the rules often, follow them closely, and focus on sustainability to meet EU and UK standards²¹. Not doing this can lead to losing market access, facing enforcement actions, getting penalties, facing legal risks, and harming their reputation²¹²⁰²².

Conclusion

The European Union’s General Product Safety Regulation (GPSR) is a big step forward for protection of consumers and making the EU product safety framework better. This detailed rule tackles the new challenges from digital sales and new tech. It makes sure all products sold in the EU, online or in stores, are safe²³.

The GPSR makes businesses take a bigger role in keeping consumers safe. Companies now focus more on making products safe, keeping track of where they come from, and telling authorities about safety problems quickly. This has made product safety much higher in the EU²³.

The GPSR also focuses more on checking the market and enforcing rules. It gives authorities the tools to work together and inspect products. This teamwork helps keep an eye on product safety better, which helps consumers trust the EU market more²³.

The GPSR will keep changing and will have a big effect on consumer protection and the EU product safety framework for a long time. It creates a safer and more reliable market. Consumers can buy things without worry, knowing their safety is the main goal²³.

“The GPSR’s lasting impact will be its ability to keep up with the changing world of product safety. It ensures the EU stays a leader in protecting consumers and innovating.”

Key Takeaways

The EU’s General Product Safety Regulation (GPSR) brings big changes to protect consumers. It now covers products with new tech and makes online sellers follow strict rules. It also makes sure products are safe, traceable, and can be recalled if needed. Plus, it boosts efforts to watch over the market and enforce the rules²⁴.

This new rule shows the EU’s strong focus on making sure products are safe. It tackles issues like more online shopping and connected devices. This way, it helps keep consumers safe in the digital world²⁴.

Here are the main points of the GPSR:

It covers products with new tech to keep up with innovation.
Online sellers must check products are safe and help with recalls.
Products must go through strict safety checks, even new ones.
It makes it easier to track and recall risky products.
Market checks and enforcement get a boost, with more teamwork.

The GPSR key points show the EU’s full plan to protect consumers in the digital era. It helps everyone, from sellers to online platforms, while keeping a close eye on safety²⁴.

“The new GPSR rules show the EU’s strong commitment to keeping consumers safe online. They tackle new challenges and make sure everyone follows the rules. This will make the market safer and more trustworthy for everyone.” – Industry Expert

Resources for Businesses

Businesses looking to follow the General Product Safety Regulation (GPSR) can find many resources and guidance. The European Commission’s product safety website has lots of info on the GPSR, how to watch the market, and the Safety Gate system. This system helps share info on dangerous product recalls²⁵.

Businesses can also look at EU laws and standards for things like toys, electrical items, and cosmetics. These rules give clear safety standards²⁵. Plus, safety authorities in each EU country offer specific advice on following the GPSR, helping businesses meet their duties²⁵.

Industry groups and trade organizations are great for more help. They give support and best practices to their members. These groups offer tips on dealing with complex rules and keeping products safe with the GPSR²⁶. With these resources, businesses can keep up, act fast, and protect consumers while following EU safety rules²⁵.

FAQ

What is the EU’s General Product Safety Directive (GPSD)?

The EU’s General Product Safety Directive (GPSD) is a key rule for product safety in the EU. It makes sure all products sold in the EU are safe for consumers.

What is the new General Product Safety Regulation (GPSR)?

The GPSD is being replaced by the new General Product Safety Regulation (GPSR). It will start on June 12, 2023, and fully apply on December 13, 2024. The GPSR updates the EU’s safety rules for products and tackles new issues from the digital economy.

What are the key objectives of the GPSR?

The GPSR aims to make products safer, tackle online sales issues, improve enforcement, and make recalls better.

What are the obligations for economic operators under the GPSR?

Under the GPSR, businesses like manufacturers, importers, and distributors have safety duties. They must sell only safe products, inform consumers about risks, and trace and remove dangerous ones. Manufacturers also need to do risk assessments and keep product documents.

What are the new obligations for online marketplace providers?

Online marketplaces now have new duties under the GPSR for product safety. They must sign up for the EU’s Safety Gate system, have a contact point, and help traders share safety info.

How does the GPSR address the safety of products with new technologies?

The GPSR sets new safety standards for products with new tech. It looks at how products work together and the safety of new tech features. Companies must do risk assessments and keep product documents before selling.

What are the traceability requirements under the GPSR?

The GPSR makes products easier to trace with batch or serial numbers. This info must be easy for consumers to find. For high-risk items, the EU might create special tracing systems. Companies will have to keep detailed product data.

What are the requirements for accident reporting and product recalls?

The GPSR makes rules for reporting accidents and recalls stricter. Companies must tell authorities and consumers about serious issues with their products. If a recall is needed, companies must fix the problem for free, like repairing or replacing products, under certain rules.

How does the GPSR address the safety of products sold online?

The GPSR focuses on online sales and their safety challenges. It sets rules for online sales, like sharing safety info. It also looks at the safety of tech features in products to protect consumers as technology changes.

What are the key enforcement mechanisms in the GPSR?

The GPSR makes market checks and enforcement stronger. It gives the European Commission power to give final say on product risks. It also allows for joint inspections and control actions across the EU to ensure consistent enforcement.