EU General Product Safety Regulation (GPSR 2023/988)

1. Scope and Deadlines of Regulation (EU) 2023/988

The EU General Product Safety Regulation (GPSR) entered into mandatory application across all 27 European Union member states. It replaces the decades-old General Product Safety Directive (2001/95/EC) and establishes sweeping new obligations for distance sellers and e-commerce platforms selling to European consumers.

GPSR applies to all non-food consumer products placed or made available on the EU market, whether new, used, or reconditioned, regardless of where the seller is incorporated.

2. The EU Responsible Person (Article 16)

Under Article 16 of the GPSR, no consumer product subject to EU safety rules may be offered for sale online to EU consumers unless an authorized Economic Operator established within the European Union has been designated.

The Economic Operator can be: (1) An EU-based manufacturer, (2) An EU-based importer, (3) An authorized representative appointed in writing, or (4) A fulfillment service provider established in the EU if no other operator exists.

The Responsible Person must maintain the technical documentation, cooperate with market surveillance authorities, and trigger product recalls if a product poses a safety risk.

3. Mandatory Pre-Purchase Disclosures (Article 19)

Article 19 represents the most radical operational shift for Shopify merchants: safety information can no longer be hidden inside the packaging. It must be visible to the consumer on the online storefront before the purchase is concluded.

Product detail pages must prominently display:

• Manufacturer Name, registered trade name, physical postal address, and electronic contact (email/website).
• Economic Operator (Responsible Person) Name, postal address, and electronic contact if manufacturer is non-EU.
• Product identification details (type, batch, serial number, or high-resolution product photograph).
• Any warnings, age restrictions, or safety precautions in a language easily understood by the consumer in the member state where the product is made available.

4. Compiling a Technical Safety Dossier

Merchants must maintain a technical file containing: general product descriptions, safety assessments, risk analysis, list of applied European standards (EN), and test reports. This dossier must be kept for 10 years after the product was placed on the market and supplied to authorities within 10 days of request.

5. Cross-Border Enforcement & Parcel Seizures

National customs authorities (such as German Zoll or French Douanes) and postal carriers routinely inspect inbound e-commerce parcels from non-EU countries. Shipments lacking compliant physical labeling and verified economic operators face immediate return to sender or destruction at the border.