General Product Safety Regulation (GPSR) — Regulation (EU)

Are the products we sell to consumers in the EU still compliant now that the new General Product Safety Regulation applies — and what happens if a recall goes wrong?

Since 13 December 2024 every consumer product on the EU market must meet the GPSR's general safety requirement — non-compliant manufacturers, importers, and online marketplaces face penalties set by each Member State under Article 44, and must offer consumers at least two free remedies in any recall [Art. 37].

Short Answer

Regulation (EU) 2023/988 replaces the former General Product Safety Directive 2001/95/EC and for the first time imposes direct obligations on online marketplaces [Art. 22], including a 2-working-day deadline to remove dangerous product listings upon order from authorities [Art. 22(4)]. Manufacturers must maintain technical documentation for 10 years [Art. 9(2)], and every recall notice must avoid trivialising language such as 'voluntary' or 'precautionary' [Art. 36(2)(c)]. The modernised Safety Gate system — replacing RAPEX — requires national authorities to notify dangerous-product measures within 4 working days [Art. 26].

Who is affected

All economic operators placing or making available consumer products on the EU/EEA market: manufacturers, authorised representatives, importers, distributors, fulfilment service providers, and providers of online marketplaces [Art. 2(1), Art. 3(8)–(14)]. Products covered by sector-specific EU harmonisation legislation are subject to the GPSR only for risks not already regulated by that legislation [Art. 2(1)]. Excluded: medicinal products, food, feed, living plants and animals, plant protection products, antiques [Art. 2(2)].

Deadline

Fully applicable since 13 December 2024 — all obligations are enforceable now. By 13 December 2029 the Commission must evaluate the Regulation and report on the effectiveness of penalties [Art. 47(1), Art. 44(4)].

Risk

Penalties are determined by each Member State and must be effective, proportionate, and dissuasive [Art. 44]. While the GPSR does not prescribe a single EU-wide fine ceiling, national enforcement can include product withdrawal orders, market bans, and mandatory recalls. Online marketplaces that fail to comply with removal orders within 2 working days risk additional enforcement under the Digital Services Act [Art. 22(4), Regulation (EU) 2022/2065].

Proof

Legal status

• In force
• as of 2026-04-17
• Original version (OJ L 135, 23.5.2023, p. 1)

Primary sources

• EUR-Lex — Full text of the legal act
• European Commission — Product Safety — EU product safety policy and guidance

What to do now

Legal / DPO

•Review and update product liability clauses in supplier and distributor contracts to reflect the GPSR's expanded definition of 'economic operator', which now includes fulfilment service providers [Art. 3(12), Art. 13].
•Ensure recall notices comply with Article 36(2) requirements — in particular, eliminate trivialising terms such as 'voluntary', 'precautionary', or 'no accidents reported' from all templates.
•Verify that the designated 'responsible person' established in the EU is properly mandated and identifiable on every product or its packaging for goods imported from third countries [Art. 16].

Compliance

•Establish an internal product safety process that enables timely notification to market surveillance authorities via the Safety Business Gateway whenever a dangerous product is identified [Art. 9(8), Art. 14].
•Implement a complaints register for each product line and retain records for no longer than 5 years, covering complaints, recalls, and corrective measures taken [Art. 9(12)–(13)].
•Map all products against the GPSR scope to determine which items are governed solely by sector-specific harmonisation legislation and which fall under the general safety requirement [Art. 2(1), Art. 5].

IT / Security

•Integrate the Safety Gate Portal API into product information management systems so that dangerous-product alerts trigger automated delisting or flagging within the 2-working-day deadline [Art. 22(4), Art. 22(6)].
•Implement electronic traceability systems that allow batch or serial number lookups across the entire supply chain, as required for products designated under Article 18 delegated acts.
•Ensure that product information displayed on online interfaces meets Article 22(9) data requirements — manufacturer identity, product identifiers, images, and safety warnings — with automated validation before listing goes live.

Product / Engineering

•Conduct and document an internal risk analysis for every consumer product before placing it on the market, covering mechanical, chemical, electrical, flammability, and — for connected products — cybersecurity risks [Art. 9(2), Art. 6(1)].
•Provide clear instructions and safety information in the language of the Member State where the product is made available, and ensure labelling includes type, batch or serial number in a consumer-visible location [Art. 9(5), Art. 9(7)].
•Design recall remedy workflows offering consumers at least two of: repair, replacement, or refund — and ensure the chosen remedies are cost-free and completed within a reasonable time [Art. 37(2)].

Key Terms

General safety requirement: The obligation under Article 5 that only safe products may be placed or made available on the EU market. A product is considered safe when it poses no risk or only minimum risks compatible with a high level of protection for consumer health and safety.
Economic operator: Any person subject to obligations under the GPSR in relation to the manufacture or marketing of products: manufacturers, authorised representatives, importers, distributors, fulfilment service providers, and other persons in the supply chain [Art. 3(13)].
Safety Gate: The EU rapid alert system for dangerous non-food consumer products, replacing RAPEX. It consists of the Rapid Alert System for authorities, the public Safety Gate Portal, and the Safety Business Gateway for economic operators [Art. 25].
Provider of an online marketplace: A provider of an intermediary service using an online interface that allows consumers to conclude distance contracts with traders for the sale of products [Art. 3(14)]. Subject to specific product safety obligations under Article 22.
Responsible person: A natural or legal person established in the EU who is responsible for ensuring that products comply with the GPSR. Required for products imported from third countries where no manufacturer or importer is established in the EU [Art. 16].
Product recall: A corrective measure aimed at retrieving a dangerous product that has already been made available to consumers. The GPSR requires recall notices to avoid trivialising language and mandates at least two free remedies for consumers [Art. 36, Art. 37].
Fulfilment service provider: A person offering in the course of commercial activity at least two of: warehousing, packaging, addressing, and dispatching of products — without owning them. Excludes postal, parcel delivery, and freight transport services [Art. 3(12)].

Frequently Asked Questions

Does the GPSR apply to products already covered by EU harmonisation legislation such as the Toy Safety Directive or the Machinery Regulation?

Partially. For products governed by sector-specific harmonisation legislation, the GPSR applies only to risks or aspects not covered by that legislation [Art. 2(1)]. However, certain GPSR provisions — such as online marketplace obligations [Art. 22], accident reporting [Art. 20], consumer remedies [Art. 37], and the Safety Gate system [Art. 25–26] — apply to all consumer products regardless of existing harmonisation rules [Recital 8].

What are the new obligations for online marketplaces under the GPSR?

Providers of online marketplaces must designate a single point of contact for market surveillance authorities, register on the Safety Gate Portal, remove dangerous product listings within 2 working days of an authority order [Art. 22(4)], process consumer safety notices within 3 working days [Art. 22(8)], ensure traders display mandatory product and manufacturer information [Art. 22(9)], and directly notify affected consumers of recalls [Art. 22(12)(a)].

How long must manufacturers retain technical documentation?

Manufacturers must keep technical documentation — including risk analyses, test reports, and lists of applied standards — at the disposal of market surveillance authorities for 10 years after the product has been placed on the market [Art. 9(2)]. Importers must also retain a copy of this documentation for 10 years [Art. 11(6)].

What remedies must be offered to consumers in a product recall?

The responsible economic operator must offer at least two of the following remedies, at no cost to the consumer: repair, replacement with a safe product of equal type and quality, or a refund of at least the price paid [Art. 37(2)]. If repair or replacement cannot be completed within a reasonable time, the consumer is always entitled to a refund [Art. 37(2)].

What is the Safety Gate system and how does it differ from RAPEX?

The Safety Gate replaces RAPEX and consists of three components: the Safety Gate Rapid Alert System for authority-to-authority notifications, the Safety Gate Portal as a public-facing database of dangerous products, and the Safety Business Gateway for economic operators to report safety issues [Art. 25]. National authorities must notify dangerous-product measures within 4 working days [Art. 26].

Are second-hand or reconditioned products covered by the GPSR?

Yes. The GPSR applies to products placed or made available on the market whether new, used, repaired, or reconditioned [Art. 2(3)]. Products that need repair or reconditioning before use are excluded only if clearly marked as such.

What language must recall notices be published in?

Recall notices must be provided in the official languages of the Member States where the product was sold. A free-of-charge phone number or interactive online service must be available in the relevant official languages for consumers to request further information [Art. 36(2)(f)].

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