GPSR (Regulation 2023/988): requirements and key dates

Hugues Orgitelloupdated 7 Oct 202619 min read

The GPSR, Regulation (EU) 2023/988, applies since 13 December 2024 and repeals Directive 2001/95/EC. Every consumer product on the EU market must be safe (Article 5). For products outside Union harmonisation legislation, the manufacturer runs an internal risk analysis, keeps technical documentation for 10 years, marks the product for traceability, and an economic operator established in the EU must be responsible for it (Article 16). Regulation (EU) 2023/988 is the horizontal safety net of the single market. For CE-marked consumer products it is narrower than often claimed, but not absent: accident notification, distance-sales information, online marketplace duties, the Safety Gate and the recall rules still apply. This guide follows the text article by article, with the Commission guidelines of November 2025 (C/2025/6233) and the implementing acts adopted in 2024.

TL;DR:

• Applies from 13 December 2024 (Article 52), directly in every member state; Directives 2001/95/EC and 87/357/EEC repealed from the same date (Article 50).
• Article 5: only safe products. Article 9: internal risk analysis, technical documentation kept 10 years, type/batch/serial number, name, postal and electronic address on the product.
• Article 16: no product placed on the market without an EU-established economic operator responsible for it, whatever the sales channel. Not applicable to CE-marked products, which take their responsible person from Article 4 of Regulation (EU) 2019/1020.
• For CE-marked consumer products: Articles 19 to 22 and Chapters VI and VIII still apply (accident notification, online offers, marketplaces, Safety Gate, recall notice and remedies).
• No CE marking and no conformity assessment procedure of its own.

Key dates and implementing acts

Date	Event	Source
10 May 2023	Regulation (EU) 2023/988 adopted	Regulation 2023/988
23 May 2023	Published in OJ L 135, p. 1	OJ L 135
12 June 2023	Entry into force (twentieth day after publication); delegation to the Commission runs from this date	Articles 45(2) and 52
24 May 2024	Implementing Regulation (EU) 2024/1435 sets the recall notice template; applies from 13 December 2024	2024/1435
27 May 2024	Implementing Regulation (EU) 2024/1459 on the interoperable interface between online marketplaces and the Safety Gate Portal	C/2025/6233, footnote 44
21 June 2024	Implementing Regulation (EU) 2024/1740 on how consumers inform the Commission of risky products	C/2025/6233, footnote 46
27 August 2024	Delegated Regulation (EU) 2024/3173 on the Safety Gate Rapid Alert System and risk assessment criteria (published 13 December 2024)	2024/3173
9 October 2024	Implementing Regulation (EU) 2024/2639 on the single national contact points of the Safety Gate	C/2025/6233, footnote 48
29 November 2024	Implementing Regulation (EU) 2024/2958 on output indicators for member state reporting	C/2025/6233, footnote 47
13 December 2024	GPSR, 2024/1435 and 2024/3173 apply; Directives 2001/95/EC and 87/357/EEC repealed	Articles 50 and 52
21 November 2025	Commission guidelines for businesses published (C/2025/6233)	OJ C series
13 December 2026 (due)	Commission report on the interconnection between the ICSMS of Regulation 2019/1020 and the Safety Gate Portal	Article 47(4)
13 December 2027 (due)	Commission assessment of a Union notification system for removing dangerous offers from marketplaces	Article 47(3)
13 December 2029 (due)	Evaluation of the Regulation, and reports on Article 16 (responsible person) and Article 44 (penalties)	Article 47(1), (2) and (5)

What products does the GPSR apply to?

Article 3(1) defines a product as "any item, whether or not it is interconnected to other items, supplied or made available, whether for consideration or not, including in the context of providing a service", which is intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them. Article 2(3) covers products whether new, used, repaired or reconditioned, except products to be repaired or reconditioned before use and clearly marked as such.

The Commission guidelines (C/2025/6233, section 2.1) add three readings that matter to electronics makers:

• products designed for professionals that have migrated to the consumer market, such as DIY tools, are covered;
• the definition is wide enough to include apps and software products, chatbots being the example given;
• "placing on the market" is assessed unit by unit, so a unit first made available before 13 December 2024 does not need the new GPSR labelling.

Article 4 treats a distance offer as making available on the market if it targets consumers in the Union. The guidelines list the factors for that case-by-case analysis: the areas to which dispatch is possible, the languages of the offer or ordering, the means of payment, and the use of a member state currency or domain name.

Exclusions

Article 2(2) excludes nine categories: medicinal products for human or veterinary use; food; feed; living plants and animals, genetically modified organisms and micro-organisms in contained use, and products of plants and animals relating directly to their future reproduction; animal by-products and derived products; plant protection products; equipment on which consumers ride or travel when directly operated by a service provider within a transport service; aircraft referred to in Article 2(3)(d) of Regulation (EU) 2018/1139; antiques.

The relationship with sector legislation

Article 2(1) sets two layers. First, where Union law has specific provisions with the same objective, the GPSR applies only to the aspects, risks or categories of risk those provisions do not cover. Second, for products subject to Union harmonisation legislation (defined in Article 3(27) by reference to Annex I of Regulation (EU) 2019/1020), whole chapters are switched off:

GPSR chapter (articles)	Content	Applies to a CE-marked consumer product?
I (1 to 4)	Scope, definitions, distance sales	Yes
II (5 to 8)	General safety requirement, assessment aspects, presumption	Only for risks the harmonisation act does not cover (Art. 2(1)(a))
III Section 1 (9 to 18)	Manufacturer, authorised representative, importer, distributor duties; Article 16 responsible person; traceability systems	No (Art. 2(1)(b))
III Section 2 (19 to 21)	Distance sales information, accident notification, information in electronic format	Yes
IV (22)	Providers of online marketplaces	Yes
V (23, 24)	Market surveillance	No (Regulation 2019/1020 applies under its own scope)
VI (25 to 27)	Safety Gate Rapid Alert System, Safety Business Gateway	Yes
VII (28 to 32)	Commission role, enforcement coordination	No
VIII (33 to 39)	Information to the public, Safety Gate Portal, recall notice, remedies	Yes
IX to XI (40 to 52)	International cooperation, financing, final provisions	No

The guidelines (section 2.2) give the examples: the GPSR applies fully to childcare articles, gymnastic equipment and furniture, which have no specific Union safety legislation; for low voltage devices it would still apply to new technology aspects such as self-learning capabilities if the Low Voltage Directive does not cover them. A toy keeps the Toy Safety Directive for its covered hazards, see the EN 71 toy safety guide.

The general safety requirement

Article 5 is one sentence: "Economic operators shall place or make available on the market only safe products." Article 3(2) defines the safe product (no risk, or only the minimum risks compatible with its use, considered acceptable and consistent with a high level of protection of consumer health and safety), and Article 3(4) defines risk as the combination of the probability of a hazard causing harm and the severity of that harm. The guidelines read "health" to include mental health.

What the assessment must cover (Article 6)

Article 6(1) lists eight aspects, (a) to (h):

Point	Aspect
(a)	Characteristics: design, technical features, composition, packaging, assembly, installation, use and maintenance instructions
(b)	Effect on other products used with it, including interconnection
(c)	Effect of other products on it, including non-embedded items that determine, change or complete how it works
(d)	Presentation, labelling including age suitability, warnings, instructions for safe use and disposal
(e)	Categories of consumers, in particular vulnerable consumers (children, older people, persons with disabilities) and gender differences
(f)	Appearance leading to a different use: products resembling food, and products not intended for children but appealing to them
(g)	Where the nature of the product requires it, cybersecurity features protecting against external influences, including malicious third parties, that may affect safety, including loss of interconnection
(h)	Where the nature of the product requires it, evolving, learning and predictive functionalities

Article 6(2) adds that the possibility of a safer design, or the existence of less risky products, is not in itself grounds for calling a product dangerous.

Presumption of conformity (Articles 7 and 8)

1. Article 7(1)(a): conformity with European standards whose references are published in the Official Journal under Article 10(7) of Regulation (EU) No 1025/2012 gives a presumption of conformity for the risks they cover. The guidelines point to Implementing Decision (EU) 2019/1698 for the list, and state that standards referenced under Directive 2001/95/EC keep giving the presumption.
2. Article 7(1)(b): in the absence of such standards, conformity with health and safety requirements in the national law of the member state where the product is made available, if that law complies with Union law.
3. Article 7(3): the presumption does not stop authorities acting where there is evidence that the product is nevertheless dangerous.
4. Article 8: where no presumption applies, the assessment takes into account other European standards, international standards, international agreements, voluntary certification schemes, Commission recommendations or guidelines, national standards, the state of the art, codes of good practice, reasonable consumer expectations and safety requirements adopted under Article 7(2).

What does the GPSR require from each operator?

The GPSR uses the vocabulary of economic operators: manufacturer, authorised representative, importer, distributor and fulfilment service provider (Article 3(13)), plus the provider of an online marketplace, which is not an economic operator but has its own chapter. These duties (Articles 9 to 18) apply to products outside Union harmonisation legislation.

Manufacturer (Article 9)

• design and manufacture in accordance with Article 5 (9(1));
• before placing on the market, carry out an internal risk analysis and draw up technical documentation containing at least a general description of the product and its essential characteristics relevant for safety; where appropriate, an analysis of possible risks and the solutions adopted, including test reports, and the list of standards or other elements applied, identifying parts only partly applied (9(2));
• keep the documentation up to date and at the disposal of authorities for 10 years after placing on the market (9(3));
• procedures so that series production remains in conformity (9(4));
• a type, batch or serial number or other identifying element, easily visible and legible for consumers, or on the packaging or an accompanying document if size or nature does not allow it (9(5));
• name, registered trade name or trade mark, postal and electronic address and, where different, the address of a single contact point, on the product or, where not possible, on the packaging or an accompanying document (9(6));
• clear instructions and safety information in a language easily understood by consumers, as determined by the member state concerned, unless the product can be used safely without them (9(7));
• if the product is dangerous: corrective measures, information to consumers under Articles 35 and 36, and notification through the Safety Business Gateway to the authorities of the member states where it was made available (9(8));
• public communication channels for complaints and accident reports, an investigation of safety complaints, and an internal register of complaints, recalls and corrective measures (9(11) and (12)); personal data in that register kept no longer than five years after entry (9(13)).

The guidelines specify that an "electronic address" can be an e-mail address or a dedicated section of a website enabling direct contact; a website that does not allow direct communication is not sufficient.

Authorised representative (Article 10)

Appointment is optional ("may", Article 10(1)) and by written mandate. The mandate must at least allow the representative to provide authorities with the information and documentation needed to show the product is safe, inform the manufacturer of a dangerous product, notify corrective actions through the Safety Business Gateway where the manufacturer has not, and cooperate with authorities (10(2)).

Importer (Article 11)

Before placing on the market, the importer ensures the product complies with Article 5 and that the manufacturer has met Article 9(2), (5) and (6) (11(1)). It indicates its own name, trade name or trade mark, postal and electronic address on the product or, where not possible, the packaging or an accompanying document, without obscuring the manufacturer label (11(3)); ensures instructions and safety information (11(4)); keeps a copy of the technical documentation for 10 years (11(6)); checks that consumer communication channels exist and provides them if not (11(9)); and acts on dangerous products as the manufacturer does (11(8)).

Distributor (Article 12)

Before making the product available, the distributor verifies that the manufacturer and importer have complied with Article 9(5), (6) and (7) and Article 11(3) and (4): identification element, names and addresses, instructions and safety information (12(1)). It does not make available a non-conforming product (12(3)) and, for a dangerous product, informs the manufacturer or importer, ensures corrective measures and ensures authorities are informed through the Safety Business Gateway (12(4)). Article 13 turns a distributor or any other person into a manufacturer when it places a product under its own name or trademark, or makes a substantial modification, physical or digital, that affects safety under the three criteria of Article 13(3). See substantial modification.

Retention periods and deadlines in one table

Article	Who	What	Period or deadline
9(3)	Manufacturer	Technical documentation at the disposal of authorities	10 years after placing on the market
11(6)	Importer	Copy of technical documentation	10 years after placing on the market
9(13), 11(11)	Manufacturer, importer	Personal data in the complaints register	As long as necessary, no more than 5 years after entry
15(4)	Economic operators	Risk description, complaints, accidents, corrective measures (15(2))	10 years after being supplied or supplying
15(5)	Economic operators	Supplier and customer identity, including suppliers of parts, components and embedded software (15(3))	6 years after being supplied or supplying
20(1)	Manufacturer	Accident notification through the Safety Business Gateway	Without undue delay from knowledge
22(4)	Online marketplace	Act on an authority order to remove, disable or warn	Without undue delay, in any event within 2 working days
22(8)	Online marketplace	Process product safety notices	Without undue delay, in any event within 3 working days

Article 15 sits in Chapter III Section 1, so for CE-marked products the record-keeping periods come from the sector act and Regulation 2019/1020 instead.

The EU responsible person (Article 16)

Article 16(1): "A product covered by this Regulation shall not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020." The rule is not limited to online sales; it applies to every product within its scope, whatever the channel. Through Article 4(2) of Regulation 2019/1020, that operator is one of: a manufacturer established in the Union; an importer where the manufacturer is not; an authorised representative with a written mandate to perform those tasks; a fulfilment service provider where none of the others is established in the Union.

Article 16(2) adds what Regulation 2019/1020 does not: where appropriate with regard to the possible risks, the responsible person regularly checks that the product complies with the technical documentation and with Article 9(5), (6) and (7), and provides documented evidence of the checks on request. Article 16(3): its name, registered trade name or trade mark and contact details, including the postal and electronic address, appear on the product or on its packaging, the parcel or an accompanying document.

For a non-EU maker selling into the EU through its own web shop or a marketplace, the practical result is that an importer, an authorised representative or a fulfilment service provider in the Union must take on these tasks and be named. The same logic, applied to CE-marked products through Regulation 2019/1020, is covered in authorised representative and importer obligations.

Online offers (Article 19)

Article 19 applies to every economic operator selling online or at a distance, CE-marked products included. The offer must clearly and visibly indicate at least:

• (a) the name, registered trade name or trade mark of the manufacturer, with postal and electronic address;
• (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person under Article 16(1) of the GPSR or Article 4(1) of Regulation 2019/1020;
• (c) information allowing identification of the product, including a picture, its type and any other identifier;
• (d) any warning or safety information to be affixed to the product or included with it, in a language easily understood by consumers as determined by the member state concerned.

Article 21 allows this information to be made available additionally in digital form, through electronic technical solutions clearly visible on the product, never instead of the physical indications.

Online marketplace obligations (Article 22)

Article 22 applies to providers of online marketplaces, defined in Article 3(14), and builds on the Digital Services Act (Regulation (EU) 2022/2065). The guidelines confirm it also applies to listings of products under specific Union legislation. The provider must:

• designate a single point of contact for market surveillance authorities, register with the Safety Gate Portal and indicate it there (22(1));
• designate a single point of contact for consumers (22(2));
• have internal processes for product safety (22(3));
• act on an authority order to remove content, disable access or display a warning without undue delay and in any event within two working days (22(4));
• take into account Safety Gate information when applying its voluntary detection measures, including through the interoperable interface of Implementing Regulation 2024/1459 (22(6));
• process product safety notices without undue delay and in any event within three working days (22(8));
• design its interface so traders can provide, and consumers can see on the listing, the same four items as Article 19 (22(9));
• suspend, for a reasonable period and after a prior warning, traders that frequently offer non-compliant products (22(11));
• cooperate on recalls, notify affected buyers directly, publish recalls, inform authorities of dangerous products through the Safety Business Gateway and notify accidents of which it has been informed (22(12)).

Accident notification and the Safety Gate

Article 20

The manufacturer ensures that an accident caused by its product is notified through the Safety Business Gateway, without undue delay from the moment it knows about it, to the competent authorities of the member state where it occurred, with the product type and identification number and the circumstances if known (20(1)). Article 20(2) defines the accidents concerned: occurrences that resulted in death or in serious adverse effects on health and safety, permanent or temporary, including injuries, other damage to the body, illnesses and chronic health effects. Importers and distributors that know of an accident inform the manufacturer without undue delay; the manufacturer then notifies or instructs one of them to (20(3)). Where the manufacturer is not established in the Union, the responsible person who knows of the accident ensures the notification is made (20(4)).

Article 20 is in Chapter III Section 2, so it applies to CE-marked consumer products as well.

Safety Gate

The Safety Gate Rapid Alert System (formerly RAPEX) is maintained by the Commission under Article 25. Member states notify corrective measures on products presenting a serious risk (Article 26). Delegated Regulation (EU) 2024/3173, applicable from 13 December 2024, sets the notification content and the risk assessment method, with four risk levels (serious, high, medium, low) and cases where a serious risk is presumed, such as when the economic operator or marketplace itself has indicated a serious risk. The public Safety Gate Portal (Article 34) publishes alerts and lets consumers report risky products. Timelines on the authority side are covered in market surveillance and Safety Gate.

Recall notice (Article 36) and remedies (Article 37)

When recall information is given to consumers in writing, it takes the form of a recall notice (36(1)), in the language or languages of the member states where the product was made available, containing: (a) the headline "Product safety recall"; (b) a description of the product with picture, name, brand, identification numbers and, if available, when, where and by whom it was sold; (c) a clear description of the hazard, avoiding terms such as "voluntary", "precautionary", "discretionary", "in rare situations" or "in specific situations", and avoiding stating that no accidents have been reported; (d) the action to take, including an instruction to stop using the product immediately; (e) the remedies; (f) a free phone number or interactive online service; (g) where appropriate, encouragement to share the information (36(2)). The template is set by Implementing Regulation (EU) 2024/1435.

Under Article 37 the remedy is effective, cost-free and timely. The operator offers a choice between at least two of repair, replacement with a safe product of the same type and at least the same value and quality, or a refund at least equal to the price paid (37(2)). Only one remedy may be offered where the others are impossible or disproportionately costly. The consumer is always entitled to a refund if repair or replacement is not completed within a reasonable time, bears no shipping or return cost, and non-portable products are collected (37(5)). Operator-side steps are in the recall and Safety Gate response guide.

How the GPSR relates to CE-marked products

For a consumer device CE-marked under the LVD, the EMC Directive or the RED, the GPSR adds three things and leaves three to the sector acts.

Aspect	Source for a CE-marked consumer product	GPSR role
Essential requirements, conformity assessment, CE marking, EU declaration	Sector act (LVD, EMC, RED)	None
Risks the sector act does not cover	GPSR Chapter II	Safety net (Art. 2(1)(a))
Identification and address marking	Sector act (RED Art. 10(6) and (7), LVD Art. 6(5) and (6))	Not applicable, Chapter III Section 1 disapplied
EU responsible person	Regulation (EU) 2019/1020, Article 4	Article 16 not applicable
Online offer information	GPSR Article 19	Applies
Accident notification	GPSR Article 20	Applies
Marketplace duties	GPSR Article 22	Applies
Recall notice and remedies	GPSR Articles 35 to 37	Apply

Market surveillance of the product itself runs under Regulation (EU) 2019/1020, which Article 23 also extends, article by article, to products covered only by the GPSR. For the overall CE picture see the CE pillar.

Claims the texts contradict

Claim	What the text says
"The EU responsible person is a rule for online sales" (this page said so before)	Article 16(1) applies to every product placed on the market within GPSR scope, whatever the channel. Online sales are where it bites, not its limit
"GPSR Article 16 adds a second responsible person for CE-marked products"	Article 2(1)(b) disapplies Chapter III Section 1, which contains Article 16. The operator comes from Article 4 of Regulation 2019/1020
"The GPSR does not concern CE-marked products"	Articles 19 to 22, Chapter VI and Chapter VIII apply to them, and Chapter II covers risks the sector act leaves out (Article 2(1))
"Importers and distributors report accidents themselves" (this page said so before)	Article 20(3): they inform the manufacturer, which notifies or instructs one of them to. Article 20(4): the responsible person ensures notification when the manufacturer is outside the Union
"Marketplaces remove incomplete listings" (this page said so before)	Article 22 sets interface design, orders within two working days, notices within three, and suspension of repeat offenders after a prior warning (22(11)). It has no general rule on incomplete listings
"The operator picks the recall remedy"	Article 37(2): the consumer chooses between at least two remedies; one only if the others are impossible or disproportionate; refund at least equal to the price paid
"Stock already in the EU had to be relabelled on 13 December 2024"	Article 51 and the guidelines: units placed on the market before 13 December 2024 in conformity with Directive 2001/95/EC can still be sold; placing on the market is assessed per unit
"Only standards adopted under the GPSR give a presumption"	The guidelines: standards referenced under Directive 2001/95/EC (Implementing Decision 2019/1698) keep giving the presumption
"A website URL is enough as electronic address"	The guidelines: an e-mail address or a website section allowing direct contact; a website without direct communication is not sufficient
"The GPSR sets an EU-wide fine"	Article 44: member states lay down penalties, effective, proportionate and dissuasive

A short compliance checklist

1. Identify the regime. Is the product subject to Union harmonisation legislation (Annex I of Regulation 2019/1020)? If yes, use the chapter table above; if no, the whole GPSR applies.
2. Run the risk analysis against the eight aspects of Article 6(1), including cybersecurity and learning functions where relevant, and record the standards applied.
3. Technical documentation (non-harmonised products): description, risk analysis, test reports, standards; kept 10 years.
4. Marking (non-harmonised products): type, batch or serial number; manufacturer, importer and responsible person name, postal and electronic address.
5. Responsible person: an EU-established operator under Article 16, or under Article 4 of Regulation 2019/1020 for CE-marked products.
6. Online offers: the four items of Article 19 on every listing.
7. Feedback loop: complaint channels, a register, a Safety Business Gateway account for accident and dangerous-product notifications, and a recall procedure with an Article 36 notice and Article 37 remedies.

See also

• Which EU directives apply to my product?
• Low Voltage Directive 2014/35/EU: a guide
• User instructions, safety information & languages
• Substantial modification: when to re-certify in the EU
• Market surveillance and Safety Gate
• Authorised representative and importer obligations

Working on mapping GPSR duties for a consumer product and its online sales channels for a real product? AESTECHNO can audit your design and certification plan. Get in touch

Sources & references

1. Regulation (EU) 2023/988 on general product safety, EUR-Lex eur-lex.europa.eu/eli/reg/2023/988/oj
2. Commission Notice C/2025/6233: guidelines on the application of the EU general product safety legislative framework by businesses, EUR-Lex eur-lex.europa.eu/eli/C/2025/6233/oj
3. Commission Delegated Regulation (EU) 2024/3173 on the Safety Gate Rapid Alert System, notification requirements and risk assessment criteria, EUR-Lex eur-lex.europa.eu/eli/reg_del/2024/3173/oj
4. Commission Implementing Regulation (EU) 2024/1435 establishing the template for a recall notice, EUR-Lex eur-lex.europa.eu/eli/reg_impl/2024/1435/oj
5. Commission Implementing Decision (EU) 2019/1698 on European standards drafted in support of Directive 2001/95/EC, EUR-Lex eur-lex.europa.eu/eli/dec_impl/2019/1698/oj
6. Regulation (EU) 2019/1020 on market surveillance and compliance of products, EUR-Lex eur-lex.europa.eu/eli/reg/2019/1020/oj
7. Product safety, European Commission commission.europa.eu/topics/business-and-industry/product-safety_en
8. Safety Gate: the EU rapid alert system for dangerous non-food products, European Commission ec.europa.eu/safety-gate/
9. Safety Business Gateway, European Commission webgate.ec.europa.eu/safety-business-gateway/