Selling to the EU: what is the GPSR "responsible person" and do I need one?
Yes. Article 16 of the EU General Product Safety Regulation (EU) 2023/988 (GPSR) says a product may not be placed on the market unless an economic operator established in the Union is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020. Selling online to EU consumers counts as making it available (Article 4). That operator must regularly check the product and technical documentation and show evidence of the checks on request. Their name, trade name or trade mark, and contact details (postal and electronic address) must appear on the product, its packaging, the parcel or an accompanying document.
- Applies to
- Sellers from China selling non-food consumer products to EU consumers, on their own site or a marketplace.
What the articles say
| Article | Key wording | Source |
|---|---|---|
| 16(1) | No placing on the market without an EU-established operator responsible for the Article 4(3) tasks of (EU) 2019/1020 | EUR-Lex (EU) 2023/988 (consolidated) |
| 16(2) | Regularly check conformity with the technical documentation (Art. 9(2)) and Art. 9(5)(6)(7); provide documented evidence on request | Same |
| 16(3) | Name, registered trade name or trade mark, and postal and electronic contact details shown on the product, packaging, parcel or accompanying document | Same |
| 4 | Products offered online or by distance sales targeted at EU consumers are deemed made available on the market | Same |
The EU-established operator can be an EU manufacturer, importer, authorised representative or fulfilment service provider (as set out in Article 4 of (EU) 2019/1020).
What you can do yourself
- Decide who your EU responsible person is: your own EU company, an importer, or an authorised representative.
- Print their name, address and email on the product, packaging or accompanying document, and fill it in on marketplace listings.
- Keep technical documentation ready (description, risk analysis, test reports) so they can produce it on request.
- If a safety problem arises, follow the Regulation's recall and notification steps.
When to use a licensed professional
- If you're unsure whether your product falls under GPSR or a specific law (for example toys or electrical goods), talk to an EU compliance adviser or lawyer.
- Before appointing an authorised representative, have a lawyer check how the contract splits liability.
Check before you pay, and warning signs
- If a company offers to act as your EU responsible person, check their EU registered address and company registration, who is liable if something goes wrong, and what the annual fee covers.
- Selling you "just an address" without looking at your product or documents is a warning sign.
Unknowns
- The Regulation's date of application (Article 52): not checked in the text this time.
- The full task list in Article 4(3) of (EU) 2019/1020: not read this time.
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