GPSR Requirements for Small Businesses

1. What Is the GPSR?

The EU General Product Safety Regulation Regulation (EU) 2023/988 (GPSR) is the EU's overarching framework for ensuring that only safe consumer products reach European consumers. It was published in the Official Journal on May 23, 2023, and became applicable on December 13, 2024, replacing the General Product Safety Directive Directive 2001/95/EC that had been in force for over two decades.

The key distinction from its predecessor is the legal form: as a regulation rather than a directive, GPSR is directly applicable in all 27 EU member states. There is no need for national transposition, which means the rules are identical across the entire Single Market — from Portugal to Finland, from Ireland to Cyprus.

GPSR applies to all consumer products placed on the EU market, defined as any product intended for consumers or likely to be used by consumers under reasonably foreseeable conditions, even if not specifically designed for them. This includes products sold online to EU consumers from third countries. The regulation's core purpose is twofold: ensure only safe products reach consumers, and strengthen market surveillance authorities' ability to act against unsafe products.

2. Who Does GPSR Apply To?

GPSR defines a chain of economic operators, each with specific legal obligations. If you are involved in bringing consumer products to EU consumers at any stage, the regulation assigns you a role and corresponding duties.

For non-EU sellers, the critical point is this: if you sell to EU consumers — even via Amazon, Etsy, or your own website — GPSR applies to you. Selling from the US, China, or any other third country does not exempt you. The regulation explicitly covers products offered to EU consumers through online sales channels.

3. What Changed from the Old Directive?

The old General Product Safety Directive (2001/95/EC) served the EU market for over twenty years, but it was designed for a pre-e-commerce era. Regulation (EU) 2023/988 (GPSR) introduces several significant changes:

• Legal form: Regulation, not Directive. GPSR is directly applicable in all member states. No national transposition means no variation in implementation between countries — the rules are the same everywhere in the EU.
• Explicit coverage of online sales. The old Directive predated the modern e-commerce landscape. GPSR explicitly brings online marketplace sales into scope and assigns obligations to marketplace operators themselves.
• New Authorised Representative requirement. Non-EU manufacturers must now designate an EU-based Authorised Representative before placing products on the market. This entity's contact details must appear on the product or packaging (GPSR Art. 15).
• Enhanced traceability requirements. Products must bear the manufacturer's name and address plus a unique identifier (type, batch, or serial number) to enable product recalls and market surveillance.
• Stronger market surveillance powers. Authorities can order product removal from online marketplaces, require sellers to display warnings on listings, and take EU-wide coordinated action through the Safety Gate (formerly RAPEX) system.
• Modernized recall and safety alert procedures. New requirements for product recalls include direct consumer notification and clearer recall notices. The Safety Gate system has been enhanced for faster cross-border information sharing.
• Mandatory risk assessment. Economic operators must conduct an internal analysis of potential risks before placing products on the market, documenting foreseeable hazards and mitigation measures.

4. GPSR Obligations for Product Sellers

Whether you are a manufacturer, importer, or online seller, GPSR imposes a core set of obligations. Here is what you must do to comply:

Designate an EU-based Authorised Representative

Under GPSR Article 15, non-EU manufacturers must appoint an Authorised Representative (AR) established in the EU. The AR's name, registered trade name or trademark, and physical postal address must appear on the product, its packaging, or an accompanying document. A PO box is not sufficient.

Apply traceability information

Every product placed on the EU market must display:

• The manufacturer's name and postal address (or the AR's details for non-EU manufacturers)
• A product type, batch number, or serial number that enables identification

This information must appear on the product itself or, where the product's size or nature makes that impractical, on the packaging or in an accompanying document.

Conduct an internal risk analysis

Before placing a product on the market, you must document an internal risk analysis covering all foreseeable hazards the product may present during its expected lifetime — including reasonably foreseeable misuse. For a candle, this would include fire risk, burn risk, and chemical exposure from fragrance ingredients. For electronics, this would include electrical safety, EMC, and thermal hazards.

Maintain technical documentation

You must compile and maintain technical documentation demonstrating that the product is safe. This includes test reports, safety data sheets (where applicable), the risk assessment, and evidence of compliance with any applicable harmonized standards. Documentation must be kept for 10 years after the product has been placed on the market and made available to market surveillance authorities upon request.

Take corrective action if the product is found unsafe

If you discover or are informed that a product you have placed on the market is unsafe, you must:

• Immediately take corrective measures (withdrawal from the market, recall from consumers, or modification)
• Notify the market surveillance authorities of the affected member states
• Inform consumers directly if a product recall is necessary

Cooperate with market surveillance authorities

Upon request, economic operators must provide all information and documentation needed by authorities to verify product safety. This includes providing samples, granting access to technical files, and cooperating during investigations. Failure to cooperate is itself a compliance violation.

5. The Authorised Representative Requirement

The Authorised Representative (AR) requirement under GPSR Article 15 is one of the most consequential changes for non-EU businesses. It creates a mandatory EU-based point of contact for every consumer product sold into the Single Market from a third country.

What the Authorised Representative does

• Holds technical documentation and makes it available to market surveillance authorities upon request
• Cooperates with authorities on any action taken to mitigate risks presented by products within their mandate
• Informs the manufacturer without delay of complaints and reports from consumers or other economic operators regarding safety issues
• Terminates the mandate and notifies the relevant market surveillance authority if the manufacturer acts contrary to its GPSR obligations

Who can serve as your Authorised Representative

There is no single type of entity required. In practice, the AR can be:

• A specialized compliance service. Third-party companies that act as AR for multiple brands. This is the most common option for small businesses without an EU presence.
• Your EU distributor or importer. If you already work with an EU-based partner who imports and distributes your products, they can serve as your AR (with a formal written mandate).
• Your EU-based 3PL (third-party logistics provider). Some fulfilment providers in the EU offer AR services alongside warehousing and shipping.
• A legal representative or law firm. An EU-based attorney or legal entity can serve as AR, though this is typically more expensive.

The AR must be designated through a written mandate from the manufacturer, specifying the scope of products covered and the tasks the AR is authorized to perform.

6. How GPSR Interacts with Product-Specific Regulations

GPSR functions as a "safety net" regulation. It covers all consumer products, but its requirements are designed to complement — not replace — product-specific EU harmonization legislation. Where a product is already subject to sector-specific rules, GPSR applies only to the safety aspects that those specific rules do not cover.

7. Online Marketplace Obligations

GPSR Article 22 introduces obligations specifically for online marketplace operators — a major departure from the old Directive, which predated modern e-commerce platforms. Under this article, marketplaces such as Amazon, Etsy, eBay, and similar platforms must:

• Verify seller compliance information. Before a product listing goes live, the marketplace must collect from the seller: the manufacturer's name and address (or AR name and address for non-EU manufacturers), product images, and information enabling product identification.
• Display AR contact details in listings. The Authorised Representative's name and address must be visible to consumers in the product listing.
• Remove non-compliant products. When notified by market surveillance authorities through the Safety Gate system, marketplaces must remove or disable access to the product listing without undue delay.
• Cooperate with authorities. Marketplaces must provide requested information about sellers and products and take account of orders issued by member state authorities.

For sellers, the practical effect is clear: the marketplace itself is now checking your GPSR compliance. Listing a product on Amazon.de or Etsy EU without having an Authorised Representative and the required traceability information on your product or packaging will result in listing removal.

8. Penalties for Non-Compliance

GPSR requires EU member states to establish penalty regimes for violations, but does not prescribe specific fine amounts — each country sets its own. The consequences of non-compliance can include:

• Financial penalties. Fines vary significantly by member state. Some countries impose penalties well into six figures for placing unsafe or non-compliant products on the market.
• Product removal orders. Market surveillance authorities can order the withdrawal of non-compliant products from the market and require sellers to recall products already in consumers' hands.
• Sales bans. Authorities can prohibit the continued sale of products that do not meet GPSR requirements until compliance is demonstrated.
• Marketplace listing removal. Under Article 22, marketplaces must remove listings when ordered by authorities. This is often the most immediate and commercially significant consequence for online sellers.
• Safety Gate (RAPEX) notification. Unsafe products are flagged in the EU Safety Gate system, a public database accessible to all member states and consumers. A Safety Gate alert can trigger enforcement action across all 27 member states simultaneously.

For most small businesses selling through marketplaces, the most immediate risk is listing removal. When a marketplace takes down your listing, you lose revenue immediately and face a re-validation process to get relisted. Repeat violations can result in account suspension.

9. GPSR Compliance Checklist

Before you sell

• Determine your role under GPSR (manufacturer, importer, distributor, or online seller)
• Appoint an EU-based Authorised Representative with a physical postal address if you are a non-EU manufacturer
• Establish a written mandate with your AR specifying the scope of products and tasks
• Conduct an internal risk analysis documenting all foreseeable hazards for each product
• Compile technical documentation (test reports, risk assessment, safety data sheets where applicable)
• Identify any product-specific EU regulations that apply alongside GPSR (CLP, Cosmetics Regulation, Toy Safety Directive, etc.)

Product labeling and packaging

• Manufacturer name and postal address on the product or packaging
• Authorised Representative name and postal address on the product, packaging, or accompanying document
• Product type, batch number, or serial number for traceability
• Any warnings or safety information required for the specific product type
• Labels in the official language(s) of each destination member state

Ongoing obligations

• Maintain technical documentation for 10 years after placing the product on the market
• Monitor product safety through consumer complaints, distributor feedback, and Safety Gate alerts
• Take immediate corrective action if a product is found to be unsafe (withdrawal, recall, authority notification)
• Cooperate with market surveillance authorities upon request
• Update Authorised Representative details if your AR changes (and update product labeling accordingly)
• Ensure marketplace listings display AR contact information and product identification details

10. Common Mistakes to Avoid

Based on enforcement actions, marketplace listing removals, and common questions from sellers, these are the mistakes we see most frequently:

Not appointing an Authorised Representative

This is the single most common compliance gap. If you are based outside the EU and sell consumer products to EU consumers, you must have an AR — full stop. This applies regardless of whether your product requires CE marking.

Using a US (or other non-EU) address for the AR

The Authorised Representative must be established in the EU. An address in the United States, United Kingdom, or Switzerland does not qualify. The address must be a physical postal address, not a PO box or virtual office.

Assuming GPSR does not apply to non-CE-marked products

GPSR applies to all consumer products, including those that do not fall under any CE-marking directive. Candles, clothing, furniture, jewelry, handmade crafts — if consumers buy them, GPSR applies.

Confusing the GPSR AR with the Cosmetics Regulation Responsible Person

These are two different legal roles under two different regulations. If you sell cosmetics, you may need both. Appointing one does not automatically satisfy the other.

Ignoring marketplace enforcement

Some sellers assume that marketplace compliance requirements are optional or advisory. They are not. Amazon, Etsy, and other platforms are legally obligated under GPSR Article 22 to verify and enforce compliance. Listings are being removed.

Failing to include traceability information

Even if you have an AR, the product must also bear a product type, batch, or serial number. Products without traceability information are non-compliant, even if they are otherwise safe.