Attention online store owners – the European Union has introduced another regulation that you must take into account in your e-shop. And since this regulation came into effect on December 13, 2024, let’s take a closer look at what GPSR means. Is your online store fully compliant?
What Is GPSR?
GPSR (EU Regulation 2023/988 on General Product Safety) aims to ensure the safety of products available for purchase within the European Union and thus protect consumers.
Who Does GPSR Apply To?
GPSR affects the entire supply chain from manufacturing to sale. Specifically, it applies to:
- manufacturers
- importers
- distributors
- retailers (including online stores and marketplaces)
It applies to all products – new, used, repaired, and refurbished – placed on the EU market, with the following exceptions:
- human or veterinary medicinal products, food and feed,
- live plants and animals, genetically modified organisms and microorganisms in contained use,
- animal by-products and derived products,
- plant protection products,
- transport equipment operated by a service provider,
- aircraft whose design, production, maintenance, and operation pose low safety risks,
- antiques,
- products clearly marked as requiring repair or refurbishment before use.
What Must You Do as an Online Store Owner to Comply?
Under this regulation, as an online store owner, you must meet several key requirements.
Provide Manufacturer Information
Your online store must display the following information about the product manufacturer:
- manufacturer’s name
- email address
- postal address (if the manufacturer is not based in the EU, you must provide their EU representative)
Provide Product Identification Details
These details must allow for clear product identification and should be displayed directly in your online store. For example:
- photo
- type
- batch or serial number
Provide Warnings and Safety Information
If relevant for product use, warning and safety information must also be clearly stated in your online store.
Report Dangerous Products
If you discover that any of your products pose a risk to consumers, you must immediately notify the relevant authorities (via the Safety Business Gateway), your customers, and your suppliers, and take corrective measures to eliminate the risk.
Cooperate with Market Surveillance Authorities
You must cooperate with market surveillance authorities in matters related to GPSR and provide all necessary information and documentation. In the Czech Republic, the responsible authority is the Czech Trade Inspection Authority (ČOI).
Take Responsibility for Sold Products
As an online store owner, you are responsible for the safety of the products you sell and must ensure they comply with all relevant regulations and standards (see below). You are also responsible for their proper storage and transportation.
You Must Also Monitor the Obligations of Manufacturers, Importers, and Distributors
In addition to new obligations for online stores, there are also new requirements for manufacturers, importers, and distributors. As a retailer, you should not sell products for which these parties have failed to meet their obligations. These include:
- verification of product safety, including documentation and technical records
- labeling the product (or its packaging) with manufacturer and importer details, including email and address
- providing a clear product identifier (type, batch, serial number, etc.)
- including instructions and safety information where required
If, in addition to selling, you also fall into one of these categories (manufacturer, importer), you must comply with all the listed requirements.
What Happens If You Fail to Comply?
GPSR has been effective since December 13, 2024. From this date onward, your online store should comply with its requirements. Compliance checks will again fall under the responsibility of the Czech Trade Inspection Authority (ČOI). Since this regulation has not yet been fully incorporated into Czech legislation, it is currently unclear when inspections will begin and what specific penalties may apply.
Given that fines in similar cases are often significant, we recommend being prepared sooner rather than later.
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More information:
Summary of the GPSR regulation: https://eur-lex.europa.eu/CS/legal-content/summary/general-product-safety-regulation-2023.html
Full text of the GPSR regulation: https://eur-lex.europa.eu/legal-content/CS/TXT/PDF/?uri=CELEX:32023R0988
Article by attorney Petra Dolejšová on the topic: https://www.petradolejsova.cz/blog/gpsr-evropa-posila-darek-pod-stromecek-a-ja-prakticky-tahak-pro-vyrobce-i-e-shopy
Due to the complexity of the issue and the risk of high fines for non-compliance, we recommend consulting legal experts regarding e-shop legislation. This article does not aim to replace legal advice nor provide a complete overview of all legislative requirements for operating an online store.