Enhanced product safety under the EU General Product Safety Regulation (GPSR)

The new General Product Safety Regulation (Regulation (EU) 2023/988 - GPSR) aims to address the risks posed by digital technology and to close regulatory gaps in the EU's fragmented product safety regime. 

Here, Claire Burrows and Thorrun Govind in our regulatory team explore the impact of the GPSR for manufacturers, providers of online marketplaces and consumers.

GPSR — modernising the EU product safety framework

The GPSR entered into force on 12 June 2023 and is applicable to businesses and national market surveillance authorities from 13 December 2024. It’s set to enhance the protection of EU consumers against hazardous non-food products sold both offline and online. Given that the regulation applies to all non-food products and all sales channels, it provides a safety net for products or risks not covered by other EU legislation as well as new products that might be placed on the market in the future. It also modernises the EU general product safety framework to address new challenges posed by tech. 

While the GPSR applies to certain consumer products, in practice it doesn’t introduce substantive new obligations where there is product-specific regulation already in place. It includes a series of exemptions such as human and veterinary medicines, food and feed and antiques.

That said, the GPSR marks a significant step towards enhancing product safety and ensuring consistent enforcement across the EU, benefiting both consumers and businesses. It’s particularly significant for UK companies that sell products to consumers in the EU and Northern Ireland.

Seven key provisions under the EU General Product Safety Regulation

The GPSR introduces several key provisions to enhance product safety. 

1. ‘Responsible person’ to oversee product safety information

Economic operators — including those outside the EU — must appoint a ‘responsible person’ based in the EU to ensure that technical information, instructions for use and safety information are available. 

2. Product safety redefined to address digital technologies

The regulation expands the definitions of "product" and "safety" to include emerging digital technologies. It considers the interconnectivity of products, cybersecurity features and a product's evolving, learning and predictive functionalities. There is an ongoing debate about whether standalone AI software is included in the definition of "product", but the regulations do apply to AI systems integrated within consumer products. 

The GPSR also addresses safety challenges associated with evolving technologies, ensuring products remain safe throughout their lifespan — including through software updates. 

3. Increased protection for vulnerable consumers

The regulation takes into account the vulnerabilities of certain consumer categories such as children, by addressing safety issues related to food-imitating and child-appealing products.

Businesses are also encouraged to consider precautionary measures when scientific evidence shows high stakes, even if the human health hazard is uncertain.

4. New duties for online marketplaces to prevent the sale of dangerous products

The regulation establishes specific product safety requirements for providers of online marketplaces so that consumers are protected whether they shop online or in physical stores.

Providers of online marketplaces have new duties to prevent the sale of dangerous products — including cooperating with market surveillance authorities (MSAs) if a dangerous product is found on their platform — and establishing a single point of contact for product safety. MSAs can require online marketplaces to remove dangerous products or disable access to their listings. 

5. New criteria for product risk assessments 

Manufacturers must conduct a risk assessment before placing a product on the EU market, considering new criteria such as gender-related differences, risks to vulnerable consumers (e.g. children), interconnection with other products, cybersecurity and the product's evolving functionalities. For complex products, this could involve significant time and expense.

6. Market surveillance — reporting accidents, managing complaints and product recalls

Communication between consumers, businesses, national authorities and the European Commission will improve under the regulation. The GPSR emphasises the importance of reporting accidents, requiring economic operators to notify the relevant authority via the Safety Gate system without undue delay after becoming aware of an accident. If the manufacturer isn’t based in the EU, its ‘responsible person’ must report the accident. 

There are also stricter rules for investigating and keeping records of complaints. Economic operators may need to establish a traceability system for products that present serious health and safety risks. The GPSR creates a unified market surveillance regime for all products and aims to improve the effectiveness of product recalls, entitling consumers to a repair, replacement or refund and allowing them to choose between at least two of these remedies.

7. Enforcement

Finally, the GPSR ensures better enforcement of product safety rules and market surveillance, protecting diligent companies against rogue traders.

Impact on Northern Ireland and the UK

Following Brexit, Northern Ireland continues to align with EU product safety rules. This means that there will be differences between product recall requirements in Northern Ireland and Great Britain, which will increase once the GPSR applies. The GPSR will apply to Northern Ireland under the Northern Ireland Protocol, as amended by the Windsor Framework.

In November 2024, the UK Government published its response to its own Product Safety Review. Key priorities include addressing the sale of unsafe goods through online marketplaces and ensuring that emerging hazards across multiple sectors are adequately managed. The Product Regulation and Metrology Bill is progressing through Parliament and the Government has indicated that it will align UK requirements with those of the EU where it makes sense to do so.

Next steps for manufacturers

As a regulation rather than a directive, the GPSR ensures greater consistency in product safety regulation and enforcement across the EU. It strengthens responsibilities across the supply chain to offer equal conditions for businesses active in the EU, providing more legal certainty for businesses with clearer rules and more even application of product safety rules via the choice of regulation as a legal instrument.

All manufacturers selling products into the EU need to be fully versed in the new obligations —including how the GPSR interacts with product specific regulations — to ensure ongoing compliance when placing products on the EU market. Our product regulatory specialists can help guide you through the new requirements. 

Talk to our team by giving us a call on 0333 004 4488 or email us at hello@brabners.com or completing our contact form below.