General Product Safety Regulations (GPSR) 2024
New challenges for e-commerce and the role of labels in ensuring safety
Ensuring product safety is one of the key challenges facing modern e-commerce and goods manufacturers. The new EU regulation on general product safety, GPSR, or the General Product Safety Regulation (GPSR) of 13 December 2024, is the latest update to the European Union’s product regulations, responding to the challenges of digitalisation and online sales.
The introduction of the GPSR regulation marks a turning point in terms of consumer protection, as it requires companies to adapt to increasingly stringent legal requirements and information obligations. The new rules come into force on 13 December 2024. The new EU General Product Safety Regulation (GPSR) shifts the enforcement landscape for product safety, aiming for consistent enforcement across all member states across the EU.
What is the General Product Safety Regulation (GPSR)?
The new GPSR is a comprehensive European Union regulation on general product safety, replacing the previous General Product Safety Directive. It introduces several obligations for businesses selling products online to enhance product safety and adapt regulations to the growing popularity of online marketplaces, which impacts all elements of the supply chain.
In some cases, entrepreneurs also have consumer rights, e.g. in the field of contracts and protection against unfair terms.
It covers all types of consumer goods, regardless of whether they are distributed online or offline. Its main objective is to increase consumer protection by introducing more stringent product safety requirements, especially in the context of online sales.
Scope of the 2024 GPSR regulation
The GPSR covers a wide range of consumer products, including non-food items such as toys, electronics, furniture, and textiles. The regulation aims to ensure that every product sold on the European Union (EU) market is safe for consumers.
To this end, new requirements are introduced for the design, labelling and monitoring of products, with an emphasis on transparency in the supply chain.
Thanks to this, consumers can be sure that the products they buy meet the highest safety standards. The GPSR Regulation of 13 December 2024 also places great emphasis on the responsibility of manufacturers and importers for the compliance of products with applicable standards, which aims to minimise the risk associated with the use of dangerous goods.
Why is GPSR important for e-commerce?
In the digital age, when e-commerce is taking over an increasing share of the retail market, the providers of online stores must adapt to new regulations regarding products and their safety. GPSR imposes new obligations on online stores, including:
- Verification of product compliance
- Ensuring transparency of information
- The need for a quick response to threats
- Adaptation of websites to safety information access requirements
The new GPA standards have a significant impact on online stores, which must ensure compliance with EU standards and detailed documentation to improve consumer safety.
Sellers should inform consumers about the shortened statutory warranty period before concluding the contract to avoid later misunderstandings regarding consumer rights.
Sales platforms play a crucial role in ensuring product security and GPSR compliance, which requires them to adapt their interfaces and promptly inform customers about the risks associated with products offered on their portals.
GPSR Impact on Consumers and Producers
Benefits for consumers:
- Greater confidence in products
- Better protection against dangerous goods
- Access to detailed product information
- Clear communication about use and potential risks
More consumer rights
EU regulation strengthens consumer protection and online sales platforms. It gives the right to:
- Purchase products that are as safe online as in stationary stores.
- Clear product information, regardless of purchase method.
- Easier company identification is responsible for product safety.
- Simpler notification of dangerous products – manufacturers, importers and shopping platforms must provide communication channels through which a threat can be reported.
- Choice of compensation method in the case of a dangerous product: repair, replacement or refund.
- Simple reporting of dangerous products to the European Commission via the portal Safety Gate.
Challenges for producers: combating unfair market practices
The need to invest in legal compliance, including keeping technical documentation by manufacturers and importers for 10 years from the moment the product is placed on the market
- Increased transparency of production processes
- New documentation requirements
- The possibility of building a better brand image
Impact of GPSR on product safety
The GPSR Regulation has a significant impact on product safety in the European Union. The new regulations impose strict requirements on products, documentation and product liability. This enables everyone to easily identify the source of a product, significantly increasing the safety of buyers.
The introduction of the GPSR regulation requires manufacturers and importers to meet more stringent standards for product safety. This includes not only design and production, but also appropriate labelling and monitoring of products on the market. Each product must be thoroughly checked for compliance with applicable standards, which minimises the risk of introducing dangerous goods to the market.
Thanks to GPSR, consumers can feel more confident knowing that the products they buy are carefully monitored and meet the highest safety standards. The new regulations also make it easier to identify the source of a product, which is crucial in the event of a product recall or reporting problems related to its use. As a result, the GPSR regulation contributes to increasing consumer confidence in products available on the EU market.
Consumer protection authorities
Consumer protection authorities play a key role in ensuring that consumer rights are respected and protected. In Poland, the main authority responsible for competition and consumer protection is the Office of Competition and Consumer Protection (Poland) (Office of Competition and Consumer Protection). The Office of Competition and Consumer Protection monitors the market, intervenes in cases of unfair market practices and conducts proceedings in cases of violations of consumer law.
The provincial inspectorates of trade inspection are other important institutions that control the quality and safety of products available on the market. These inspectorates conduct regular inspections and respond to consumer reports regarding non-compliance with applicable product standards.
The Consumer Rights Ombudsman is an institution that provides legal assistance to consumers in complex cases involving rights violations. The Ombudsman offers advice, intervenes in disputes with entrepreneurs and represents consumers in court proceedings.
The European Consumer Centre (ECC) is an institution that assists consumers in cross-border cases, i.e., situations where the problem concerns purchases made in another European Union country. ECC offers free advice and support in resolving disputes with foreign sellers.
Consumer rights
Consumer rights are a set of regulations that aim to protect consumers from unfair market practices and ensure their safety when making purchases, including product compliance with EU requirements. The basic consumer rights include:
- The right to product information: Consumers have the right to full and reliable information about the product, including its composition, country of origin, and potential risks associated with its use. Example: When buying a toy, the consumer should have access to information about the materials it is made of, whether it contains small parts that a child can swallow, and the country of production.
- Right to Warranty: The consumer has the right to complain about the product if it proves to be defective or does not meet the contract’s specifications.
- Right to Complain: The consumer may file a complaint by telephone or in writing, requesting a repair, replacement of the product, or a refund.
- Right to withdraw from the contract: The consumer has the right to withdraw from a contract concluded at a distance or off-premises within 14 days without giving any reason.
Amicable settlement of disputes
Amicable dispute resolution is a method that enables consumers and businesses to resolve conflicts without involving the court. The most popular forms of amicable dispute resolution include:
- Mediation: A process in which a neutral mediator helps the parties reach an agreement. Mediation is a voluntary process that relies on the cooperation of both parties.
- Arbitration: A form of dispute resolution in which an arbitrator (or panel of arbitrators) issues binding decisions based on the evidence and arguments presented.
- Extrajudicial proceedings: A procedure in which specialist institutions, such as the Financial Ombudsman or the Passenger Rights Ombudsman, help consumers resolve disputes with traders.
Obligations of online sellers under the GPSR and the protection of competition and consumers
Ensuring that products are safe
Online sellers, as the entrepreneurs of the legal act, must only offer products that meet the new product safety standards and current safety standards. In the event of violations, rapid withdrawal of non-compliant products from the market is required.
Informing about threats
Online stores must provide detailed product information, including issues related to the safety of the products offered, such as:
- Product composition
- Country of Origin
- Potential threats
- Method of use
- Information for energy consumers
Rapid response to threats in the designated Inspectorates of the Trade Inspection
The threat notification system must be efficient and effective, ensuring rapid communication with all interested parties and meeting the requirements for ensuring product safety. In cases of more complex threats, it is advisable to seek the assistance of specialist institutions that can provide appropriate support and guidance.
E-commerce support
BaseLinker offers support for e-commerce in adapting to the requirements of the GPSR Regulation. Our implementation team is ready to take over this task and guide you safely through the data update process. You can rely on our comprehensive support (as part of a paid service) to complete the application form, receive an offer, pay the issued invoice, and make any necessary modifications to your account.
With our support, entrepreneurs can focus on adapting their products to new security standards, minimising the risk of non-compliance. Our services include not only assistance with formalities but also advice on best practices and strategies for compliance with the GPSR regulation. By working with BaseLinker, you can be sure that your products meet all legal requirements, which allows you to build consumer trust and increase competitiveness in the e-commerce market.
Obligations of manufacturers and importers
The manufacturer must ensure that the product is safe, labelled in accordance with the requirements, and contains all necessary information about the manufacturer and importer. This includes, among others, placing data contact details, a serial number, and user instructions on the product or its packaging.
The importer must ensure that the product it places on the market meets the same safety standards and is appropriately marked. Both entities must also cooperate with market surveillance authorities by providing them with the necessary technical documentation and information needed to assess the product’s compliance with the requirements.
If non-compliance is detected, manufacturers and importers are required to take immediate corrective actions, such as withdrawing the product from the market or modifying it to ensure consumer safety.
Preparing for change
Preparing for the changes introduced by the GPSR regulation requires a systematic approach and commitment of the entire company. Entrepreneurs should audit their products and processes to identify areas that require adaptation to meet the new requirements. New procedures and sales paths should also be introduced to ensure compliance with the GPSR regulation.
BaseLinker support includes comprehensive assistance with completing the application form, receiving the offer, paying the issued invoice, and making necessary modifications to the account. Thanks to this, entrepreneurs can focus on adapting their products to new security standards, minimising the risk of non-compliance and building consumer trust.
Products not subject to GPSR
Not all products are covered by the GPSR. Products that the GPSR does not cover include:
- Products that are not articles: Items that are not considered consumables, such as raw materials or semi-finished products.
- Products intended for professional use: Products that are designed solely for use by professionals in the course of their business activities and not by the general public.
- Non-Trade Products: Items that are not sold commercially, such as prototypes or test samples.
Penalties for non-compliance with GPSR regulations
Businesses that fail to comply with the provisions of the GPSR regulation may be subject to various sanctions. The most commonly used sanctions include:
- Fines: Imposing a fine on an entrepreneur for violating product safety regulations.
- Product disclaimer: Prohibition on placing on the market products that do not meet safety requirements.
- Suspension of business activity: Temporary or permanent suspension of the business activity of an entrepreneur who repeatedly violates the provisions of the GPSR.
The introduction of GPSR poses a significant challenge for sales platforms, but at the same time, opens up new opportunities for entrepreneurs who want to build consumer trust by ensuring the highest product safety standards.
Labels are a key to meeting the GPSR requirements
Labels as a source of information
Modern labels act as a comprehensive source of information, including:
- Detailed product composition
- Country of origin information
- Detailed instructions for use
- Safety warnings
- CE conformity symbol
Types of labels
1. Paper labels:
- The most economical solution
- Popular in the food industry
2. Self-adhesive labels:
- practical in the cosmetics and pharmaceutical industry
- durable and resistant to damage
3. Electronic labels:
- Enable dynamic data updating
- Make it easier to track products in the supply chain
- They use RFID technology
Benefits of using labels
- Increasing transparency of information
- Making product identification easier
- Improving brand image
- Minimising the risk of returns and complaints
Development prospects and recommendations
Recommendations for entrepreneurs:
- Investing in advanced labelling systems
- Regular training of staff on GPSR requirements
- Collaboration with experienced label suppliers
- 4. Proactive monitoring of changes in regulations
Summary
As of December 13, 2024, the GPSR regulation introduces significant changes to the functioning of e-commerce. However, appropriately designed and implemented labels can significantly facilitate compliance with these new requirements. Investing in modern labelling solutions not only ensures compliance with regulations but also helps build a competitive advantage and increase customer trust in an increasingly demanding e-commerce environment.
FAQ – Frequently Asked Questions
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What role do labels play in meeting GPSR requirements?
Labels are a key element in meeting GPSR requirements, containing detailed product composition, country of origin information, usage instructions, and the CE conformity symbol. Modern labeling solutions, including electronic labels with RFID technology, enable dynamic data updates and product tracking throughout the supply chain. Proper labeling significantly facilitates meeting new requirements and builds customer trust.
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What benefits does GPSR bring to consumers shopping online?
Consumers gain greater safety and confidence in products thanks to rigorous standards and access to detailed product information regardless of the purchasing method. In case of a dangerous product, they can choose the method of compensation between repair, replacement, or refund. Additionally, reporting hazards has been facilitated through dedicated communication channels and the European Commission’s Safety Gate portal.
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What new obligations did GPSR impose on online stores?
Online stores must verify product compliance with EU standards and ensure transparent information about composition, origin, and potential hazards related to products. Additionally, rapid response to threats through an efficient notification system and the ability to immediately withdraw non-compliant products from the market are required. Manufacturers and importers are obligated to store technical documentation for 10 years.
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What is the GPSR regulation and when did it come into effect?
GPSR (General Product Safety Regulation) is a new European Union regulation on general product safety that replaces the previous directive. It comes into effect on December 13, 2024, and introduces more stringent requirements for the safety of consumer products sold both online and offline. It covers all products such as toys, electronics, furniture, and textiles.