Guest post by Jędrzej Brzykcy
What is GPSR?
GPSR (General Product Safety Regulation) is an EU regulation regarding product safety. The
new rules define the obligations of entities involved in the production, supply, and distribution
chain. The primary goal of this regulation is to provide better consumer protection.
Who is affected by the new regulations?
The regulation applies to most businesses involved in manufacturing or distribution of goods.
It is important that the obligation to comply with GPSR in most cases does not depend on the
size of the company, its turnover, number of employees, sales channels, or condition of the
products.
What obligations do entrepreneurs have?
Different responsibilities are assigned to manufacturers, importers, distributors, sellers, order
handlers, and providers of online trading platforms. Taking manufacturers as an example,
those would be examples of obligations:
1) adding data required by Article 19 of the GPSR to offers that are presented online,
including warnings on product safety,
2) marking products with a type, batch or series number,
3) providing data concerning the manufacturer required by Article 11 of the GPSR on
goods,
4) attaching instructions and information on safety to products,
5) conducting an internal risk analysis,
6) preparing technical documentation on product safety,
7) providing a communication channel for submitting complaints regarding the safety of
dangerous products,
8) introducing a procedure for responding to customer reports, product withdrawals from
the market, informing contractors about dangerous products, making reports,
corrective actions and cooperation with supervisory authorities,
9) maintaining a register of complaints and a register of product recalls from the market
and other documentation required by the regulations.
What are the penalties for non-compliance with GPSR?
The President of UOKiK (Polish Office of Competition and Consumer Protection) supervises
product safety, while inspections will be carried out by inspectors from the Trade Inspection.
According to a statement from December 2024, UOKiK plans to impose high penalties for
non-compliance with the regulations, including:
up to PLN 1,000,000 for placing a dangerous product on the market,
up to PLN 40,000 for lack of technical documentation,
up to PLN 100,000 for failure to identify a product, including contact details,
up to PLN 200,000 for failure to attach safety instructions, not informing about
consumer accidents or not warning consumers about risks.
If the President of UOKiK deems that a product poses a threat, they may order its market
withdrawal, recovery from consumers, or destruction of products deemed unsafe.
How to prepare for implementing GPSR?
First, it is worth reviewing the procedures and documents already in place. It is possible that
some businesses are already complying with certain GPSR requirements. It is also
recommended to check whether and which of new regulations apply to a specific entity.
Only after conducting such an internal audit should the necessary documentation be
prepared, processes adjusted, contractors contacted and the team trained.
Practice shows that GPSR compliance can be checked not only by supervisory bodies but
also by business partners focused on working with the best suppliers.
What are the benefits of implementing GPSR?
Although some EU regulations may raise doubts about their validity or practical application,
GPSR stands out as an example of regulations that can genuinely raise product safety
standards and consumer protection.
Adjusting to this regulation will allow companies to respond more quickly to threats related to
dangerous products and reduce image and financial losses.
Do you need help analyzing or implementing GPSR?
GPSR has been in effect since December 13, 2024. Since then, questions regarding its
application have been increasing.
If you would like to collaborate or ask any questions about GPSR, please feel free to contact
us via email at j.brzykcy@jwms.pl
Author: Jędrzej Brzykcy – attorney-at-law specializing in intellectual property and new technologies
law. He advises entrepreneurs on brand protection, trademark registration, and combating
unfair competition. His expertise extends to working with startups and established
businesses in the IT, e-commerce, and media sectors.
