The new General Product Safety Regulation 1025/2012 (GPSR) brings with it numerous requirements that particularly affect online retail. One interesting and surprising requirement can be found in Article 19 (d). This requires retailers to provide safety information on their sales platform for products that are sold online. What does this mean in concrete terms for retailers and how can they implement this regulation?
The basis: Article 19 of the GPSR
Article 19 of the GPSR obliges economic operators to provide their online product offering with clear and visible warnings or safety information. The exact wording is as follows:
Article 19
Obligations of economic operators in the case of distance sales
Where economic operators make products available on the market online or through other means of distance sales, the offer of those products shall clearly and visibly indicate at least the following information:
[...]
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d) |
any warning or safety information to be affixed to the product or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market. . |
This means in plain language: All online retailers are obliged to include safety information on the products sold in the product description of their online store.
There is currently no further information or any guidelines that explain the legal text in more detail. However, the following section should help you to better understand the new regulation.
What kind of accompanying documents are meant?
We assume that this refers to all documents that are supplied with a product. This also includes assembly instructions and operating instructions. This in turn means that, in addition to the safety instructions on the product and packaging, all safety information from the operating instructions must also be provided.
In what form must the warnings and safety information be provided?
The exact form has not yet been determined. At first glance, one possible approach could be to simply attach the relevant instructions in full. However, initial legal assessments from the field suggest that this is not the optimal solution and that it would be better to integrate the instructions into the product description.
When does the regulation apply?
The regulation will apply from December 13, 2024. As the regulation applies immediately and there is no implementation deadline, retailers only have limited time to adapt their processes.
Recommendations for preparation:
- Inventory: Check whether relevant safety information is available for all products in your range.
- Collaborate with suppliers: Contact suppliers to request any missing information at an early stage.
- Adapt product descriptions: Integrate safety and warning notices into your online offers.
- Consider technical solutions: Think about how safety information can be systematically integrated into your platform.
Conclusion: Preparing for an unclear future
The new General Product Safety Regulation raises a number of questions that will probably only be finally clarified by future guidelines. Nevertheless, retailers should take early action to avoid potential fines and legal disputes. If you need support in implementing the measures, please do not hesitate to contact us.
