Guest post
The transition from the general product safety directive (GPSD) to the general product safety regulation (GPSR) marks a significant evolution in product safety compliance across the EU. This change fundamentally reshapes how companies approach user instructions, risk assessments, and their overall compliance strategy.
The general product safety regulation: what you need to know
The GPSR, which came into effect in December 2024, replaces the GPSD with a regulation that applies directly across all EU member states. Designed to address the modern challenges of global supply chains, online sales, and emerging technologies, the GPSR introduces stricter requirements to ensure that all consumer products placed on the EU market are safe.
Among its key objectives, the GPSR aims to enhance consumer protection, reduce safety risks, and strengthen market surveillance. For companies, it brings new obligations, particularly regarding risk assessments, user instructions, and the appointment of EU-based economic operators.
Major changes introduced by the GPSR
Risk assessment and the link to user instructions
One of the GPSR’s central requirements is the obligation to conduct a comprehensive risk assessment before a product is placed on the market. This assessment must account for foreseeable use and misuse, taking into consideration the needs of vulnerable consumers such as children, older adults, and persons with disabilities.
Risk assessments directly influence user instructions. Products must include clear, accurate, and legally compliant instructions and warnings to mitigate identified risks. Instructions must also be tailored to the product’s complexity and the target audience’s needs, ensuring safe and effective use.
The role of an EU-based economic operator
The GPSR mandates that manufacturers based outside the EU appoint an economic operator, such as an authorised representative (AR) or importer, to ensure compliance. This economic operator is responsible for verifying product conformity and cooperating with market surveillance authorities.
An AR, for example, serves as the manufacturer’s point of contact within the EU, handling compliance documentation and facilitating communication with authorities. This requirement not only ensures accountability but also reinforces the safety of products sold in the EU.
Digital product passport and traceability
The GPSR introduces a digital product passport to improve traceability and transparency. This passport provides key information about a product’s safety, compliance, and origin, benefiting both consumers and regulators.
Stronger market surveillance and penalties
To ensure compliance, the GPSR strengthens market surveillance measures and harmonises penalties across member states. Companies face stricter obligations to report serious accidents involving their products within two working days and implement effective recall procedures when necessary.
Case study: lessons from the Ahlberg-Dollarstore case
The importance of risk assessments and clear instructions is evident in the case of Ahlberg-Dollarstore, a Swedish discount retailer, now owned by Tokmanni. In 2024, the company faced legal action for failing to provide adequate safety information and warnings for certain consumer products, which led to injuries and non-compliance with safety regulations. Under the GPSR, such deficiencies would result in even harsher penalties and mandatory corrective actions.
In this case, inadequate risk assessments meant that product hazards were neither identified nor effectively communicated. User instructions lacked critical safety warnings, exposing consumers to preventable risks. This underscores the GPSR’s emphasis on thorough risk assessments and well-crafted user instructions to ensure product safety and compliance.
Preparing for the GPSR: what companies need to do
To adapt to the GPSR, businesses should:
- Conduct detailed risk assessments to identify potential hazards
- Update user instructions and warnings to address identified risks comprehensively
- Appoint an authorised representative or ensure an EU-based economic operator
- Implement systems for monitoring product safety post-market and promptly report accidents
By taking these steps, companies can ensure compliance, avoid penalties, and build consumer trust.
Conclusion
The GPSR represents a transformative step for product safety in the EU, addressing the challenges of modern commerce and technology. By requiring rigorous risk assessments, clear user instructions, and stronger accountability through economic operators, the regulation creates a safer environment for consumers and a more predictable framework for businesses.
Companies that proactively align with the GPSR not only ensure compliance but also position themselves as leaders in product safety and innovation.
Ferry Vermeulen is the cofounder of 24hour-AR, a company specialising in authorised representative services and compliance for non-food product safety in the EU and UK. He is also the founder of INSTRKTIV, a leading agency known for creating clear, user-friendly, and legally compliant product manuals.
