GPSR obligations for Online Marketplaces

Although the 2024 GPSR is broad and impacts all levels of the supply chain, this article focuses specifically on the requirements for sellers offering products via online marketplaces and the obligations for the marketplaces themselves.

What does the GPSR mean for sellers?

As a seller on an online marketplace, you are required from December 13, 2024, to provide extensive information about your products. This not only helps consumers make informed decisions but also ensures that responsibility for product safety is clearly established.

According to Article 19 of the GPSR, every product listing must include at least the following:

1. Identification of the Manufacturer: The name, registered trade name, or brand of the manufacturer, along with a postal and email address where the manufacturer can be reached.

2. EU Contact Person: If the manufacturer is based outside the EU, you must provide the contact details of an EU-based responsible party. This could be an importer or an authorized representative.

3. Clear Product Information: Provide a full description of the product, including an image, type, serial number, or other identifying characteristics.

4. Warnings and Safety Information: Include all mandatory warnings and safety information with the listing, in a language that consumers in the target country can easily understand.

This information must not only be accurate but also clearly and visibly displayed on the online marketplace. Failure to include these details can result in your product being removed from the platform.

What does the GPSR mean for Online Marketplaces?

The GPSR places responsibilities on marketplaces like Amazon, eBay, Bol, and others to ensure that sellers comply with these regulations. Marketplaces must actively monitor whether sellers have added all the required information to their listings. This means they must organize their systems and internal procedures to:

1. Verify Full Product Information: Ensure the manufacturer’s name, contact details, product identification, and warnings are all present.

2. Suspend Non-Compliant Sellers: If sellers repeatedly offer products that fail to meet the requirements, online marketplaces must suspend these sellers. This is considered a last resort but is a mandatory step under the GPSR.

Why Is This Important?

The GPSR requires both sellers and online marketplaces to take greater responsibility for product safety. The aim is to create a safer market for consumers. This means sellers can no longer offer products without strict documentation and information checks. Marketplaces, in turn, act as supervisors, actively ensuring compliance with these regulations.

Failure to comply with the GPSR can lead to penalties, reputational damage, and loss of access to sales platforms.

For marketplaces, the additional legal risks include reputational harm and fines if they fail to fulfill their oversight obligations.

How Can You Prepare?

Sellers	Online Marketplaces
Check Your Product Information: Ensure all required details are accurate and fully included in your online listings.	Implement Monitoring Systems: Develop workflows to ensure that sellers have included all mandatory information.
Work with an EU Contact Person: If the manufacturer is outside the EU, provide contact details for an EU-based importer or authorized representative.	Actively Enforce Compliance: Be ready to take non-compliant products offline and suspend sellers if necessary.
Start Early: Don’t wait until December 2024 to adjust your processes. Platforms may tighten their controls even earlier.	Support Your Sellers: Inform your merchants about the new requirements and help them achieve compliance.

Conclusion

The GPSR fundamentally transforms the online sales landscape. Both sellers and online marketplaces face new responsibilities to ensure consumer safety. By taking proactive steps now, you can prepare for the GPSR’s implementation and minimize its impact on your business.

To support both sellers and online marketplaces, we’ve created comprehensive GPSR Compliance Checklists. These checklists provide a practical framework to manage GPSR requirements.

Visit our website for more information about the 2024 product safety regulation of the EU and how to prepare your business for this important regulation.

Be prepared – safety and compliance are essential for successful online sales.