As of December 13, 2024, Regulation (EU) 2023/988 on General Product Safety applies directly in all EU Member States. It introduces strict obligations aimed at enhancing product safety, particularly in the context of e-commerce, and protecting consumers through greater transparency.
Obligations for online platforms
Online platforms are responsible for creating a safe environment for consumers and are required to:
Facilitate direct communication between consumers and sellers, as well as between consumers and the platform. This ensures easy access to product information or resolution of any issues that may arise.
Monitor and remove hazardous products from their catalog, responding promptly to notifications from authorities or alerts issued through the Safety Gate Rapid Alert System.
Suspend non-compliant sellers who fail to meet the Regulation’s requirements, thereby contributing to the prevention of risks to consumers.
Obligations for online sellers
Online sellers bear extended responsibilities to ensure product safety and inform consumers adequately.
Providing essential product information: Sellers are required to clearly display key details about each product. These include:
- The name and contact details of the manufacturer or the responsible person within the EU if the manufacturer is not established in the Union.
- Product identification details, such as clear images and unique identifiers.
- Safety warnings and information, presented visibly and in an accessible manner. These details must be comprehensive and include all risks associated with the product’s use, ensuring that consumers are fully informed.
Presenting information in the consumer’s language: All warnings and essential information must be provided in the official language of the Member State where the product is marketed. This information can be displayed digitally, printed on the packaging, or included in an accompanying document.
Product compliance: Sellers must ensure that all products offered comply with the safety standards set by the Regulation and respond promptly to requests from authorities or when a hazardous product is identified.
Collaboration between manufacturers, distributors, sellers, and platforms
In practice, close collaboration between manufacturers, distributors, sellers, and online platforms is critical for meeting the requirements of Regulation (EU) 2023/988. Manufacturers and distributors should provide sellers and platforms with complete documentation regarding product safety, including certificates of conformity, user manuals, and safety warnings translated into the official languages of the Member States. Additionally, in the event of notifications concerning hazardous products, they are advised to promptly support sellers and platforms in withdrawing products from the market and informing affected consumers. This cooperation enhances compliance efforts and helps safeguard consumers across the European Union.
Exceptions
The Regulation does not apply to certain product categories, such as medicines, food, feed, live plants and animals, animal by-products, and plant protection products.
Regulation (EU) 2023/988 places significant emphasis on providing clear and detailed information about product safety and the risks associated with their use. Economic operators, whether online platforms, sellers, manufacturers, or distributors, must adopt proactive measures and work closely together to protect consumers and comply with the standards imposed by the legislation.