In the world of product safety, major changes are underway. The General Product Safety Directive (GPSD), which has been in place since 2001, is now being replaced by the General Product Safety Regulation (GPSR). This new regulation will come into force 13 December 2024, and reflects the evolving needs of consumer safety in the modern marketplace, especially as digital transformation reshapes how products are manufactured, sold, and distributed.
Whether you are a manufacturer, distributor, or retailer, these changes are critical. Here’s what you need to know about the GPSR, and how it will affect your business operations.
Why the Shift from GPSD to GPSR?
The GPSD has been the cornerstone of product safety in the European Union (EU) for over two decades. However, as markets have expanded and technology has evolved, the directive needed an update. The GPSR addresses the gaps in the original directive, particularly in areas like e-commerce, online marketplaces, and the rise of connected (smart) products.
The shift to a regulation rather than a directive ensures that the rules are directly applicable across all EU member states without the need for national transposition. This harmonisation is designed to make compliance more straightforward while tightening enforcement on unsafe products.
Key Changes in the GPSR
1. Stricter Requirements for Online Marketplaces
With the rapid growth of e-commerce, the GPSR introduces specific obligations for online platforms. Companies that facilitate the sale of products in the EU must now take a more active role in ensuring the safety of products sold through their platforms. They are required to cooperate with market surveillance authorities to remove unsafe products quickly.
2. Clearer Responsibilities for Economic Operators
Under the GPSR, there is a clearer distinction of responsibilities for manufacturers, importers, and distributors. Each economic operator must ensure that the products they place on the market are safe and comply with all relevant safety requirements.
3. New Rules for Connected Products
As smart devices and IoT products become more common, the GPSR addresses the safety risks posed by these connected products. Companies must ensure that software updates or changes to a product over its lifetime do not compromise its safety.
4. Enhanced Consumer Protection
The GPSR provides better protection for consumers, particularly for vulnerable groups such as children and the elderly. Products intended for these groups must meet stricter safety requirements, and consumers must be provided with clearer instructions and warnings.
5. Increased Penalties for Non-Compliance
Businesses that fail to comply with the GPSR can face significant penalties, including fines or bans on selling products within the EU. This is part of the EU’s broader strategy to ensure that unsafe products are swiftly removed from the market and that companies prioritize safety from design to distribution.
What Does This Mean for Your Business?
The introduction of the GPSR means that companies must reassess their product safety procedures and ensure compliance with the new rules. This includes:
- Revising product design to ensure safety at every stage of the lifecycle, including during updates for connected devices.
- Enhancing supply chain transparency to ensure that every economic operator is fulfilling their safety obligations.
- Working closely with online platforms (if applicable) to ensure that products sold through third-party sellers meet safety requirements.
- Preparing for stricter enforcement by market surveillance authorities, which may include more frequent product checks and penalties for non-compliance.
How to Stay Compliant
To ensure compliance with the GPSR, businesses should take proactive steps to review their existing practices and make necessary adjustments. Some key steps include:
- Conducting a product safety audit: Review your current product safety procedures and identify any areas where improvements are needed to meet the new requirements.
- Training staff on GPSR obligations: Make sure that everyone in your organization, from product designers to sales teams, understands the implications of the new regulation.
- Working with legal and compliance experts: Consulting with specialists can help you navigate the complexities of the GPSR and ensure that your business stays on the right side of the law.
The GPSR represents a significant shift in the EU’s approach to product safety. By understanding the new requirements and taking steps to ensure compliance, businesses can continue to thrive in the evolving regulatory landscape. With stricter rules, enhanced consumer protections, and a focus on online marketplaces and connected products, the GPSR is a critical update for companies operating in the EU.
Learn How the New GPSR is Changing Product Safety Standards Webinar
If you want to learn more about how the GPSR impacts your business, join our upcoming webinar where our experts will dive deep into the new regulation and offer practical advice on how to stay compliant.
Date: Thursday 24th October 2024 10.00am to 11.30am
Virtual: Zoom Platform
Cost to attend: Members £25.00 + VAT Non-Members £50.00 + VAT