If it is unclear during a sale whether all GPSR information obligations are met, or if mandatory information is missing on a product page, the manufacturer should conduct an internal audit of the regulatory requirements and ensure documentation is complete. The regulation text itself remains authoritative for legal assessment: the General Product Safety Regulation (GPSR) as well as Regulation (EU) 2019/1020 on market surveillance and product compliance [3, 5]. As a manufacturer, importer, or in certain cases as a distributor, you are obligated to provide contact details, a responsible person, a product identifier, and safety information - even before the purchase contract is concluded in distance selling [2, 4].
Checklist: Required Product Information
Use the following five points to verify whether your product page or product packaging is complete:
- Manufacturer Contact Details: Name, registered trade name or registered trademark, as well as postal and electronic addresses, are provided in full and are up to date [2, 6].
- Responsible Person in the EU: If the manufacturer is not established in the EU, the name and contact details of a responsible person established in the EU - such as an importer or authorized representative - are provided [2, 6].
- Product Identifier: A unique identifier, for example, a type, batch, or serial number, enables traceability in an emergency [2].
- Safety Information in the Local Language: Warning notices and safety information are provided in the language of each member state where the product is actually sold [4].
- Visibility Before Conclusion of Contract: All mentioned information is already visible on the product page in the online shop before the purchase contract is concluded - subsequent addition is not sufficient [2, 4].
Typical Practical Errors
In operational implementation, certain errors occur repeatedly:
- Missing EU Contact Address: Manufacturers outside the EU often fail to name a responsible person based in the EU. Without this information, the product may not legally be placed on the market [3, 6].
- Identifiers That Are Too General: If a generic product name is used instead of a specific model, batch, or serial number, this significantly hinders traceability in the event of a safety incident [2].
- Delayed Provision of Information in Distance Selling: The GPSR requires that all relevant details be visible before the purchase contract is concluded. If they are provided only after the purchase or upon request, this constitutes a violation [2, 4].
Background and Market Surveillance
The GPSR replaces the previous Product Safety Directive and has been directly applicable in all member states since December 13, 2024 [1]. It harmonizes requirements for manufacturers, importers, and distributors and creates uniform standards for market surveillance across the entire internal market. The legal framework for this market surveillance and product compliance testing is provided by Regulation (EU) 2019/1020 [3, 5]. Furthermore, manufacturers are encouraged to evaluate incoming information - such as complaints or feedback from the market - and to take appropriate measures if risks are identified. Anyone who has goods manufactured outside the EU and subsequently imports them into the Union area is legally considered a manufacturer and is subject to the same obligations as a company based in the EU [1, 4].
In case of specific ambiguities regarding legal implementation, companies should consult qualified legal counsel to ensure compliance. A structured overview of related topics regarding product compliance can be found in the Knowledge Base and information on our Consulting services. The primary source for legal assessment remains, in any case, the text of Regulation (EU) 2019/1020 and the GPSR itself [1, 3, 5]. Adhering to these standards is critical for maintaining market access and ensuring consumer safety across the European Union through rigorous internal processes and diligent oversight of all product documentation and traceability requirements that are stipulated by the current legislative framework governing the internal market for goods today.
Sources & Further Reading
- Produktsicherheitsverordnung (GPSR) » Das musst du jetzt wissen
- Required product information under GPSR (Article 19 explained) — Regonance
- (EU) 2019/1020 Marktüberwachungsverordnung und Konformität von Produkten - Pilz DE
- Die GPSR: Neue Regeln bei Produktkennzeichnungen - IHK Köln
- VERORDNUNG (EU) 2019/ 1020 DES EUROPÄISCHEN PARLAMENTS UND DES RATES
- Produktsicherheit nach GPSR – Ihre Pflichten im Überblick