New Obligation to Inform of the Product Safety Regulation

What is the New General Product Safety Regulation?

On the 13th of December 2024, the new EU regulation 2023/988 for the General Product Safety Regulation (GPSR) comes into effect. It replaces the former directive 2001/95/EG. This new regulation comes with higher requirements for manufacturers and retailers. This includes, among other things, a strict obligation to inform concerning products as well as a comprehensive risks evaluation as a guideline for manufacturers.¹

 

For Whom is the New Product Safety Regulation of Relevance?

Manufacture, Retail, and Import
The legal determinations of the GPSR concerns manufacturers, retailers, and importing companies. In particular, it comes with the definition of new compulsory information in online retail, hereby requiring far-reaching adjustments.

Consumer Products
The GPSR applies to products for the end consumer. Goods not marketed for the consumer and not utilized by consumers do not fall under this category.

B2B and B2C
The GPSR does not differentiate between B2B and B2C businesses. Accordingly, it is relevant to both areas. Products that can be directly or indirectly purchased by end consumers such as advertising materials offered in the B2B field do also fall und this category.

 

To which Products does the GPSR Not Apply?

Excluded from the Regulation are:

• Medicine for humans and animals,
• Groceries and animal food,
• living plants and animals,
• animal by-products and derived products,
• plant protection products,
• means of transportation,
• aircraft,
• and rarities.

Products that are offered on EU markets prior to the deadline are also excluded. Accordingly, products currently available for purchase can still be marketed without the requirement to comply with the new obligatory information defined by the new regulation. These products, however, do still fall under the existing product safety law and must comply with corresponding requirements.

Therefore, all new products that have been marketed since the 13th of December 2024 fall under the new regulation – which are consequently required to comply with the demands of the GDPS.

 

New Obligation to Inform under the GPSR

The new legal determinations of the General Product Safety Regulation (GPSR) have the aim of guaranteeing the consumer’s safety and that all relevant information is easily accessible. In order to satisfy the higher security and transparency requirements for consumers, companies are required to provide the following information in a clear and distinct manner:

1. Manufacturer’s Information

Manufacturers must specify the names, the registered trade name, or brand. Additionally, both the post address and electronic address (e.g., email address or links to contact forms) are required. Companies not headquartered in the EU are, additionally, required to specify the name, address, as well as electronic contact information of the EU-based person in response.

2. Warning Notice and Safety Information

Warning and security-related information must be formulated in clear language pursuant to the regulation and applicable EU guidelines. Such notices must be printed either directly onto the product, its packaging, or accompanying documents.

3. Product Identifier and Obligatory Product Illustration

For product identifiers, information must be provided that allows for the clear identification of an individual product, together with an illustration of the product that constitutes a central element of the new regulation.

In most cases, a simple image of the product will do the trick. Where the creation of an image would require disproportionally high effort, it is sufficient to provide an illustration or a pictogram, as long as it assures the clear identification of the product.

• Such exceptions may include individualizable products created only upon request by the customer. Or print-on-demand offers where the customer may freely choose between design and color.
• Also, this may include sales of remaining stocks or product sets the exact composition of which is commonly indeterminate or offer a surprise effect as part of their sales concept.

 

Obligatory Information in Online Shops

The information about manufacturer, importer, as well as warning and safety notifications must be visible clearly and distinctly in the offer. A mere link is insufficient. The products must be uniquely identifiable as established in the form of a product illustration and other identifiers. The information must be easy to find and must, for example, be set apart from running texts. Simple notifications as part of the legal information or an FAQ page do not meet this requirement. A special, highlighted tab in the online offer, for example, may be a meaningful option to present such information.

 

PIM Systems as Supporting You in Implementing the GPSR

PIM (Product Information Management) is software for the purpose of centralizing, maintaining, and managing product information.

With the help of PIM, you can maintain the manufacturer information and, in the case of imported goods, even the contact information for the EU-based person in response – and link it to all products offered by this manufacturer. Warning and safety notices, for example, can be directly added to the product group or products as an attribute, depending on how specific they are. Even product identifiers and illustrations can easily be maintained in a PIM as a product attribute, be it GTIN, product type, image, or other kinds of illustrations.

All this information managed in the PIM can then by distributed to various channels depending on your requirements: as product labels, accompanying documentation, or as information in your online shop. A PIM facilitates the realization of legal requirements since you can simply store and maintain such information in your PIM system as the central datahub – from where you can consequently export or distribute it as necessary.

 

¹Note: This article offers basic information about the new General Product Safety Regulation and describes possible implementations of its Obligation to Inform using a PIM system. This text makes no claim to completeness and legal security. Nor does it replace individualized legal consulting. In case of legal questions, please consult your legal agency or advocate of choice. For the creation of this article, sources consulted include the following German institutions specializing in related matters: IHK Regensburg and Trusted Shops.