Navigating the New GPSR Legislation

eCommerce

The upcoming introduction of the General Product Safety Regulation (GPSR) is generating plenty of discussion, particularly in our newly launched online Member Forum. With the new legislation set to roll out on 13 December 2024, we’ve pulled together a breakdown of what it means and how it might impact your retail operation, together with some practical steps and reflections on how it will affect UK retailers and small businesses trading into the EU.

Disclaimer: We are still learning about the GPSR and are by no means experts. This guide reflects what we understand at this point in time. As this is a rapidly evolving topic, more information is being rolled out daily, so we encourage you to stay informed and share updates as you discover them. For specific legislation advice we recommend that you consult a legal professional.

What is the new GPSR legislation?

The GPSR is replacing the EU’s current General Product Safety Directive (GPSD) and will introduce stricter safety and transparency requirements for most consumer products and goods sold to the EU and Northern Ireland. Its main aim is to update what is now felt to be the outdated GPSD, to prevent the European market from becoming oversaturated with unsafe products and to reflect today’s consumer shopping behaviour as eCommerce and online marketplaces have risen in popularity since the GPSD was first introduced in 2001.

According to experts from the GCSR, in an interview with Holly Tucker, the GPSR will only apply to products that were created and made available for sale on or after 13 December 2024. Any product that was made available for sale and created before 13 December 2024 can be sold complying with the original GPSD.

If a product was designed before 13 December 2024, and then replenished, restocked or recreated after 13 December 2024 it will now need to be compliant with GPSR.

Any new products, created and sold into the EU and NI after 13 December 2024, will need to be GPSR compliant in order to be able to be sold to the EU and NI.

The full interview is linked in our Helpful Links at the bottom of this article, alongside guidance from the Gov.uk website.

Key changes include:

Enhanced Product Safety Documentation: Businesses must list all materials, origins, and safety features of their products.
Supply Chain Transparency: Products and components must be traceable throughout the supply chain, with key details available to the end user. In the event of a safety issue, traceability enables efficient recalls and in theory quicker resolution.
Responsible Person Requirements: A designated representative within the EU is required to ensure compliance with the legislation.
Stricter rules for eCommerce Platforms and Digital Marketplaces: These platforms, such as Amazon and Etsy, must ensure that their third party sellers adhere to EU safety standards.

While the UK itself is no longer bound by the GPSR post-Brexit, businesses trading into the EU or NI will need to comply. Many retailers are viewing this as an opportunity to improve product transparency and sustainability for all their customers, not just those within the EU.

The regulation applies broadly across product categories, including toys, electronics, furniture, and personal care items. Certain exemptions exist, such as food, living plants, animals, and antiques. For a full list, check out the official guidance.

How will this impact retail, especially small businesses?

For small businesses, especially those with limited resources, GPSR compliance may feel challenging. Some businesses are opting to pause EU trade even temporarily. However, there are manageable steps you can take to prepare without becoming overwhelmed by the changes.

Don’t panic. The process can seem daunting, but breaking it down into manageable steps is key.

Start small. Focus on one product, category or supplier at a time, ideally beginning with a best seller or with a supplier you have a strong and honest relationship with.

Take stock. The new rules are said to only apply to products created and brought to market within the EU after 13 December 2024.

Evaluate the loss. If you do need to pause EU trade temporarily, assess its impact and consider how resources can be redirected elsewhere.

Understanding the language and who Is responsible

To successfully navigate the new GPSR legislation, it’s crucial to understand the specific roles defined in the regulation and who is responsible for compliance at each stage. Here’s a breakdown of what we understand:

Manufacturer

The manufacturer is the entity that designs and produces the product, ensuring it complies with safety standards before entering the market.

Key Responsibilities:

Product Safety: Ensure the product meets all relevant safety requirements and does not pose a risk to consumers.
Documentation: Provide technical documentation, including materials, manufacturing processes, and test reports.
Labelling: Clearly label the product with necessary details such as batch/serial number, manufacturer’s name, and contact information.
Instructions: Supply user instructions and any applicable warnings.

If you are branding or modifying a product under your own label, even if you didn’t produce it, you are considered the manufacturer.

Supplier

The supplier (or distributor) acts as the link between the manufacturer and the retailer/consumer. They ensure that the products they provide meet compliance standards.

Key Responsibilities:

Verify that the manufacturer has met all compliance requirements.
Ensure traceability by maintaining records of where the product was sourced and where it is distributed.
Confirm the presence of proper labelling, safety warnings, and documentation.
Stop distributing any product they suspect may not comply and report concerns to the relevant authority.

Responsible Person

A Responsible Person is required for products entering the EU or NI market. They act as the primary point of contact for compliance and are legally accountable for ensuring the product meets GPSR requirements.

Key Responsibilities:

Product Compliance Oversight: Ensure the product complies with all GPSR regulations before it is placed on the market.
Maintain Documentation: Hold a copy of the technical file, risk assessments, and declarations of conformity.
Reporting: Work with market surveillance authorities if an issue arises, providing necessary documentation and addressing risks.
Traceability: Ensure the product’s journey through the supply chain is clearly documented and traceable.

The Responsible Person could be:

An authorised representative within the EU.
An importer (if the manufacturer is outside the EU).
A distributor or fulfilment service provider, depending on the supply chain.

UK retailers exporting to the EU will likely need to appoint a Responsible Person, such as an agent or partner within the EU.

How to approach your role

Assess your Position: Are you branding your own products (manufacturer), distributing (supplier), or working with an importer/exporter?
Collaborate: Work closely with your suppliers or manufacturing partners to ensure transparency.
Plan for a Responsible Person: Identify and designate an EU-based Responsible Person to handle compliance tasks.

Steps to comply with GPSR

1. Identify key products and suppliers

Start with your best-selling or most profitable product line or with a supplier that you have a clear and honest working relationship with.
Create a template to gather key information such as materials, origins, and safety certifications from your suppliers.
Use this method of starting small as a way to test and learn as you uncover the info and roll it across your product range.

2. Compile safety and traceability documentation

For each product, you’ll need at least:

Materials used
Manufacturer’s name and contact details
Batch or serial numbers
Test reports and safety certifications
Date of manufacturing – this is particularly important if you intend to continue to ship goods as they are. Global Trade Standards recommend including date of manufacturing or creation on any packing lists that will be included in EU NI shipments.

Commit to updating this documentation regularly, such as every six months, to remain compliant and catch any products that have been created post 13 December 2024 that will then need to meet GPSR regulations.

3. Perform risk assessments

Identify potential hazards (e.g., sharp edges, choking risks, flammability).
Document these risks and develop a plan to mitigate them.

4. Designate a Responsible Person

Appoint an agent, distributor, or representative within the EU to handle compliance.

5. Update product labelling

Your labelling must at least include:

Product name, batch/serial numbers
Manufacturer’s or supplier’s details
Any warnings (if applicable)
Age suitability for children (if applicable)

What this means for retailers

While the GPSR introduces more rigorous checks, much of the required information will also feed into introducing the Digital Product Passports (DPP) that many retailers are already exploring. These documents, which track a product’s lifecycle, can open up opportunities for improved sustainability, transparency, and to build customer trust and loyalty.

This isn’t just about meeting regulations. It’s about aligning with consumer demand for transparency and sustainability.

Final thoughts

Compliance with GPSR doesn’t have to feel overwhelming. By taking small, manageable steps, working closely with your suppliers, and leveraging community knowledge, you can adapt successfully.

Remember, you’re not alone—many businesses, including our Members and Associate Members, are navigating these changes. Share your wins and challenges on our online Member Forum so we can help each other move forward.