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28 September 2024 · by Giovanni Albero

EU Regulation 2023/988: how to bring your e-commerce into compliance in 5 steps

Learn how to comply with EU Regulation 2023/988 to ensure product safety and protect consumers.

EU Regulation 2023/988, known as the General Product Safety Regulation (GPSR), was introduced to strengthen product safety across the European market, with particular attention to online sales. Replacing Directive 2001/95/EC, it takes full effect on 13 December 2024 and has a significant impact on every business selling goods to consumers, including e-commerce operators.

What changes with EU Regulation 2023/988

The regulation brings several substantive changes, addressing the new challenges of e-commerce and cross-border sales. Key changes include parity between online and offline sales, new obligations for economic operators, appointment of an EU representative for non-EU manufacturers, and adoption of internal product-safety processes.

Online/offline parity: products sold online must meet the same safety standards as those sold in physical stores. E-commerce platforms must implement product-safety controls and ensure dangerous products are reported and withdrawn quickly.

New obligations for economic operators: manufacturers, distributors, importers and resellers must verify product safety, keep technical documentation and cooperate with market surveillance authorities.

EU representative for non-EU manufacturers: companies located outside the EU that sell into the EU market must appoint a representative within the Union to guarantee product compliance and serve as the contact point for regulators.

Internal safety processes: e-commerce platforms must adopt systems to monitor product safety throughout the entire lifecycle, including recall management if a hazard emerges.

5 practical steps to comply

1. Run a full product-safety audit

Start by ensuring every product sold meets EU safety standards. This means a full assessment, checking there are no consumer risks and that conformity testing has been carried out. Product safety must also be assessed in the light of new technologies or designs. If your suppliers are outside the EU, verify they follow European rules. Traceability for every product is required: keep detailed documentation available for the authorities.

2. Appoint a legal representative in the EU

For non-EU companies, the regulation requires appointing a legal representative within the European Union, responsible for product conformity and acting as the contact point for market surveillance. This role is essential to keep documentation up to date and ready for inspections or recalls.

3. Integrate product-safety management systems

Beyond the initial safety check, e-commerce operators must implement internal systems to monitor safety along the distribution chain. This includes regular checks during storage and transport. Sales platforms must also register with the Safety Gate system, which enables rapid reporting and efficient recall handling of dangerous products.

4. Ensure clear risk communication

One of the regulation's goals is to keep consumers clearly and promptly informed about any product risks. E-commerce operators must have systems to communicate safety issues or recalls to customers. Information must be easy to find and accessible, both on the site and through direct channels such as email or social notifications. A dedicated recall section on the site is recommended.

5. Optimise logistics to guarantee safety

Logistics also plays a key role in GPSR compliance. Products must be handled and transported in a way that avoids damage that could compromise safety. This calls for procedures ensuring safe transport and adequate storage, especially for fragile or perishable products, and continuous monitoring of the logistics chain.

Benefits of complying with EU Regulation 2023/988

Complying not only helps avoid legal penalties and protects consumers, but also brings real benefits to your e-commerce: greater consumer trust, easier access to the EU market, and reduced legal risk thanks to robust safety processes that limit recalls, reputational damage and financial penalties.

In summary, EU Regulation 2023/988 is a step forward in consumer protection, modernising rules for the digital marketplace. Compliance requires new measures and internal processes to guarantee product safety across the distribution chain, but it also offers a chance to improve the reliability and competitiveness of your e-commerce.

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