Starting in December, new rules and obligations under the EU Product Safety Regulation will come into effect, affecting not only manufacturers but also retailers. The regulation applies to almost all products, with few exceptions. Shop operators should prepare early to avoid possible sanctions.
Retailers must provide the following information:
- Postal address and email address of the manufacturer: Transparency is mandatory. Customers must always know who to contact.
- Product identification including image: Each product must be clearly and distinctly identifiable. A detailed image is required.
- Warnings and safety instructions: These must be clearly visible either on the product itself or on the packaging.
Safety standards and new challenges
The regulation requires that only safe products are offered on the market. Several factors must be considered:
- Composition and packaging: Both must be safe and comply with applicable standards.
- Interactions with other products: Potential interactions must be examined.
- Cybersecurity features: Particularly important for digital and connected products.
Extended obligations for retailers
Under certain circumstances, retailers may also assume responsibilities that typically fall to manufacturers:
- Selling under their own name or brand: Those who offer products under their own brand are generally considered manufacturers and must fulfill the corresponding obligations.
- Significant changes to products: Changes that affect product safety result in the retailer being regarded as the manufacturer.
Need for action for shop operators
Shop operators should immediately assess which of the new obligations are relevant to them and how they can be implemented. By December, all required information must be available in the shops. In particular, it should be clarified whether the shop operator is considered a manufacturer under the regulation.
These new regulations affect both own online shops and sales on marketplaces. Early preparation is essential to transition smoothly to the new legal situation and avoid legal issues.
While the new requirements may initially seem cumbersome, they also provide an opportunity to enhance customer trust through increased safety and transparency. Retailers who prepare well now are not only legally protected but also position themselves as responsible providers in the market.