GPSR: everything you need to know to sell online without penaltie

What is the GPSR regulation and why is it so important for e-commerce and marketplaces?

Online sales have revolutionised the way we shop, opening the door to a world of global products. However, this exponential growth has brought new challenges, particularly in terms of safety.

To ensure that what we buy online is safe, the European Union introduced the General Product Safety Regulation (GPSR). The regulation goes beyond the mere obligation of product safety, requiring sellers to implement preventive measures to avoid any risks. Think of it as an insurance policy for product safety: the GPSR is like an all-encompassing cover that addresses every aspect, from the product itself to its online sale.

Who does the GPSR apply to and which products are involved?

The GPSR has a vast scope, covering virtually any product that can end up in our homes. From pots and mobile phones to toys and clothes, every item we purchase, whether online or in-store, must meet these safety standards. However, there are exceptions for certain types of products that are already regulated by specific legislation, including:

• Medicines for human or veterinary use

• Food and beverages

• Animal feed

• Live plants and animals

• Plant protection products

• Antiques

In e-commerce, this regulation becomes even more crucial because it ensures that products coming from other parts of the world comply with the same safety standards that we have in Europe.

The GPSR doesn’t just apply to products, but also to those who produce and sell them. From manufacturers, who are responsible for designing safe products, to importers, who must ensure the compliance of products entering the EU, to distributors, including online sellers, who must ensure they don’t sell hazardous products.

What are the obligations of e-commerce businesses to comply with the GPSR?

Selling online carries significant responsibilities. E-commerce businesses, whether large or small, must ensure that every product they offer is safe and complies with European regulations. This means sellers must implement a series of strict checks, such as:

• Verifying the presence of clear and understandable instructions

• Checking for mandatory markings, like the CE mark

• Indicating the responsible person for the product and providing clear contact details

• Ensuring traceability of the entire supply chain for every item sold

It’s like having a passport for each product: you need to know where it comes from, who made it, and who it was sold to. This traceability is crucial not only to guarantee consumer safety but also to act swiftly in case of issues like product recalls.

The date is set: GPSR applied to Amazon by December 13, 2024

Amazon, like all online sales platforms, must comply with the strict GPSR regulations. By December 13, 2024, all sellers on Amazon will be required to provide detailed information about each product, demonstrating their compliance with safety requirements. Let’s take a look at what’s required:

• Contact information of the responsible person The new regulation requires sellers to designate a person within the EU responsible for product compliance. This could be the manufacturer, importer, or a third party who accepts legal responsibility.

  Details to provide: full name or company name, physical address of the responsible person, valid email address.

• Manufacturer contact information Every product must display clear information about its manufacturer, visible both to Amazon and to buyers, even if the seller is also the manufacturer.

  Details to provide: company name and full address, valid email address of the company.

• Safety information warnings A key aspect of GPSR compliance is the provision of product safety information. These details can be uploaded as documents or images (up to 6).

  Accepted documents: safety warnings, user manuals, installation instructions, user guides, manufacturer’s data sheets.

GPSR Violation: What could you face?

Underestimating GPSR compliance can lead to serious consequences. Penalties vary depending on the severity of the violation. For example:

• Administrative penalties: These are the most common and can result in significant financial costs for the business.

• Mandatory market withdrawal or recall: Non-compliant products may be subject to a market withdrawal order, leading to financial losses and damage to the brand's image.

• Suspension of sales: E-stores must suspend the sale of non-compliant products, effectively blocking distribution.

• Legal liability: In the most serious cases, legal action may be taken, resulting in civil and criminal liabilities for the business and its management, particularly if non-compliant products have caused harm to consumers.

Taking the necessary steps to comply with the regulation is not only an obligation but also an investment in your reputation and the sustainable growth of your business. Remember: product safety is not optional, but a fundamental consumer right.

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