Table of Contents:
1. What are the obligations of online sellers?
2. What obligations do e-commerce platform providers have?
3. What steps should be taken following the entry into force of the GPSR Regulation?
On December 13, 2024, the Regulation of the European Parliament and Council (EU) 2023/988 of May 10, 2023, on general product safety, known as the GPSR Regulation, came into force.
The aim of implementing this new regulation was the need to align existing laws with new technologies and the development of the e-commerce sector. The intention of the legislator was to introduce mechanisms that enable easier identification of dangerous products on the market and effective follow-up actions.
The previous article discussed the scope of the regulation, categories of products excluded from its application, and the obligations imposed on manufacturers, importers, and distributors of goods.
This article will outline the requirements for online sellers and providers of online platforms.
What are the obligations of online sellers?
Products offered for online or remote sale are considered to be placed on the market if the offer is directed at consumers in the European Union.
A sales offer is considered directed at EU consumers if the company operates in one or more member states.
If a seller offers products online or through other remote means, the offer must include at least clear and visible information:
- The name, registered trade name, or registered trademark of the manufacturer, and the postal and electronic address where the manufacturer can be contacted.
- If the manufacturer does not reside or is not established in the EU – the name, postal address, and electronic contact details of the responsible person.
- Information enabling the identification of the product, including its image, type, and other product identifiers.
- Any warnings or safety information, which should be included on or with the product’s packaging, or in an accompanying document, in a language easily understood by consumers, as defined by the member state where the product is marketed.
What obligations do e-commerce platform providers have?
An e-commerce platform provider is a service provider that uses an online interface enabling consumers to enter into contracts with businesses for remote product sales.
The obligations of e-commerce platform providers include:
- Establishing a point of contact for supervisory authorities and consumers.
- Mandatory registration in the Safety Gate portal.
- Ensuring that offers cannot be published without the minimum safety and traceability information provided by the relevant business entity.
- Conducting random checks to verify that offered products are safe using public databases, including the Safety Gate portal.
- Promptly responding to authorities’ orders and external entity notifications and ensuring that removed offers do not reappear.
- Providing consumers with appropriate and up-to-date information in the event of product recalls, including direct contact with all individuals who purchased the product on their platform and publishing detailed information on their website.
- Removing content from the online interface without undue delay when ordered (under the Digital Services Act).
Furthermore, e-commerce platform providers must cooperate, particularly with UOKiK (Office of Competition and Consumer Protection) and businesses, if actions are needed to eliminate or reduce risks posed by a product offered online (currently or in the past) via their platform.
What steps should be taken following the entry into force of the GPSR Regulation?
With the new regulation now in effect, we encourage businesses to verify whether the products they sell online or list on their e-commerce platform are subject to the GPSR Regulation and, if so, what obligations have been imposed on them.
In the next article, we will discuss the obligations of businesses towards the Office of Competition and Consumer Protection (UOKiK) under the new regulation and the role of the Trade Inspection in assessing product safety.
