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Print articleNew EU product safety rules are in force: is the UK falling behind?
January, 2025 - Shoosmiths LLP
The EU GPSR, which replaced the General Product Safety Directive (“GPSD”) in the EU, serves as a “safety net” that catches and regulates the safety of consumer products in the absence of other specific rules. It is designed to modernise the EU general product safety framework and address the new challenges posed to product safety by the digitalisation of our economies, in particular, online sales and direct imports.
What are the changes?
The EU GPSR expands the core definitions of "product" and "safety" to encompass emerging digital technologies to include the interconnectivity of products and cybersecurity features.
Economic operators, including those established outside the EU, must appoint a responsible person based in the EU. The responsible person's duties include ensuring that the technical information, instructions, and safety information are available.
Manufacturers must carry out a risk assessment before placing a product on the EU market, must establish a system of traceability, and must notify the relevant competent authority via the Safety Gate system (the EU rapid alert system for dangerous (non-food) products) without undue delay if they become aware of a dangerous product. There is also a requirement to investigate and keep records of complaints.
The EU GPSR also aims to improve the effectiveness of product recalls. In the event of a product recall, the economic operator responsible for the recall is required to offer consumers an effective, cost-free and timely remedy, and must offer consumers a choice of at least two of the following three remedies – a repair, a replacement, or a refund.
Labelling requirements will also be enhanced to improve traceability and consumer information, to require the manufacturer’s electronic address in addition to the manufacturer’s name / registered trademark, postal address, product reference / batch number and applicable warnings.
Online marketplaces
Providers of online marketplaces have new duties to prevent dangerous products being sold. Marketplaces must, for example, establish a single point of contact responsible for product safety, co-operate with market surveillance authorities if they find a dangerous product on their platform and can be required by market surveillance authorities to remove dangerous products from their platform.
Does this apply to the UK?
No. Although the UK is planning a similar “update” to its product safety regime (see our previous article Product Regulation and Metrology Bill - What is changing for UK product safety?), the EU GPSR will not apply to Great Britain (“GB”), although it will have effect in Northern Ireland (“NI”).
The GPSD was implemented into the UK by the General Product Safety Regulations 2005 (“UK GPSR”) and the UK GPSR remains the current set of product safety “mop up” regulations in the UK.
However, the EU GPSR will affect UK traders that sell to consumers in the EU and NI. As a result, there will be some key differences between GB and NI when it comes to product safety requirements and product recalls.
The EU GPSR represents a significant development in EU product safety standards, introducing more rigorous obligations for manufacturers designed to enhance consumer safety across the EU. Following the UK’s recent Product Safety Review consultation, which highlighted some future aims and current deficiencies with the UK product safety regime, including the need to tackle the sale of unsafe goods through online marketplaces, the indications from the UK Government are that the UK will align with the EU. If the UK does not align, (even if it were to achieve its aims through different means to those in the EU), there is a real risk that the UK could fall behind the EU when it comes to product safety.
What do I need to do now?
If your business sells to consumers in the EU or NI, you should ensure that you have taken steps to comply with these additional obligations under the EU GPSR. If you sell exclusively to GB consumers, undertaking a gap analysis of the changes to the EU market may be useful, as the UK is likely, although not guaranteed, to implement similar measures.
Our commentary on the new EU Product Safety Directive can be read here.
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