New EU product safety regulation and its consequences

Here are the key points of the new regulation, explained by Jörg Linnert, Head of Liability/Accident/Legal Protection at deas.

1. Extended scope of application: The regulation now also covers fulfilment service providers and providers of online marketplaces, in addition to manufacturers, retailers, importers and authorised representatives. “The EU Product Safety Regulation thus follows the EU Product Liability Directive and significantly expands the group of responsible parties.”
    
2. New definition of manufacturer: Companies that sell products under their name or brand or make significant changes to products are now also considered manufacturers.  "This change ensures that companies that do not produce themselves but have a significant influence on the product are also held responsible"."
    
3. „Online retailers will be held more accountable in order to ensure consumer protection in the digital world as well," says Linnert.
    
4. Comprehensive information obligations: Manufacturer and product labelling as well as safety instructions. “Transparency is key to product safety - consumers should be fully informed,” says the expert.
    
5. Extended product safety aspects: The regulation takes into account interactions between products, foreseeable use, cybersecurity and AI elements. “The consideration of cybersecurity and AI shows that the regulation is responding to current technological developments.”
    
6. Electronic traceability system: Introduction of a new system called ‘Safety Gate Warning System’.
    
7. Obligations for manufacturers, importers and online marketplace operators:
   - Product risk analysis
   - Labelling and traceability
   - Provision of identification data and images in online sales as well as safety and warning notices
   - Obligation to provide information in the event of safety defects via the ‘Safety Business Gateway
   
   These measures are intended to ensure that all products that come onto the market meet the highest safety standards,’ emphasises the Head of Liability/Accident/Legal Protection at deas.
    
8. Product recalls: obligation to take immediate corrective action and to inform consumers in the event of product recalls, including possible remedies such as repair, replacement or reimbursement of the purchase price. “Fast and transparent communication in the event of a product recall is essential to maintain consumer confidence.”
    

The regulation applies from 13 December. Member States may not impede the making available on the market of products covered by the old Directive 2001/95/EC that comply with that Directive and were placed on the market before 13 December 2024. Products that were placed on the market before this date and comply with the previous directive may therefore continue to be made available after this date. ‘Companies should review and adapt their internal processes and risk management measures to meet the new requirements. Recall cost insurance could be particularly useful in this context,’ advises Jörg Linnert.

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