EU finalises new product safety rules to protect online shoppers and vulnerable consumers

The EU Council and the European Parliament announced on Tuesday, November 29, that they have reached a provisional political agreement on the General Product Safety Regulation (GPSR). 

According to the Council, this regulation updates the current rules to ensure that offline and online products are safe and live up to European standards.

Why the new rule?

The Council believes the current product safety rules are no longer adequate for addressing digital and technological developments and challenges.

The new regulation will streamline the rules for manufacturers, importers, distributors, and online businesses by updating them for the digital age. In addition, the regulation will include modernising the rules for online marketplaces.

Jozef Síkela, Czech minister for industry and trade, says, “This regulation will help reduce the number of dangerous products sold offline and online in the EU market, including in online marketplaces. Consumers will be better protected and entitled to a refund or replacement if they have purchased an unsafe product.”

What’s the rule?

According to the Council, “a product can be sold only if an economic operator (such as the manufacturer, importer, distributоr) is established in the EU and is responsible for its safety.”

Parliament has included specific measures to be considered when assessing product safety to protect more vulnerable consumers, like children. Additionally, they want to ensure that gender aspects and cybersecurity risks are considered in this process.

The GPSR introduces obligations for online marketplaces, such as those under the Digital Services Act. It includes designating a single contact point for national surveillance authorities and consumers.

As per the latest regulation, market surveillance authorities can issue orders requiring online marketplaces to remove dangerous products from their platforms or disable access to such offers. 

According to the Council, this will help protect consumers from being exposed to potential risks posed by these products. The GPSR also creates a single market surveillance regime for all products.

The Council says if a product has proven unsafe, economic operators must immediately adopt corrective measures and inform market surveillance authorities and consumers accordingly.

Consumers are legally entitled to a repair, replacement, or refund if a product has to be recalled, says the Council. So when possible, economic operators must make sure that consumers can choose from at least two of these options.

The rapporteur Dita Charanzová (Renew, CZ) says, “Today’s agreement is a big victory for European consumers – it gives them a reason to feel safe buying any product within the EU. Products will be safer in general, but more importantly, dangerous products will be removed more quickly, including from online marketplaces. And you will no longer learn about recalls by chance, but you will be informed directly whenever possible and given options to repair, replace, or get your money back. These are practical benefits for our citizens”.

The provisional agreement is subject to approval by the Council and the European Parliament. According to the Parliament, the GPSR would apply 18 months after it enters into force.