- Product characteristics, including its design, technical features, composition, packaging, instructions for assembly, installation and maintenance (where possible);
- Its effect on other products, where it is reasonable to assume that it will be used with them;
- Influence of other products on the product;
- The appearance of the product, its labeling, any warnings and instructions for its safe use and disposal, as well as any other instructions or information;
- Categories of consumers at risk of using the product, especially vulnerable consumers;
- The appearance of the product and, in particular, where it, although not a food product, resembles a food product and is likely to be confused with food;
- The fact that, although not designed and intended for use by children, the product resembles an object generally recognized as attractive or intended for use by children
- Cybersecurity features which are required to protect the product from external influences that may affect its security;
- Product features that can be developed, learned or anticipated (AI, for example)
The new regulations will also expand a number of concepts and responsibilities in vertical legislation:
Now, the term “product” also refers to intellectual goods that may be “interconnected or unrelated to other items” (although “software” is not directly mentioned).
- Advanced safety aspects that affect other products on the product being evaluated (including the effects of non-built-in items).
- Extension of legal liability of entities other than the manufacturer to any natural or legal person (other than the manufacturer) who “substantially modifies” the product. If this happens, this person will be considered the manufacturer.
- Extends consumer protection when shopping online.
- Internet sites should establish a single point of contact that will allow direct communication with market surveillance authorities on product safety issues.
- Market surveillance authorities will have the right to regulate the operation of online sites to remove specific illegal content related to a dangerous product from its online market, to disable access to it or to display a clear warning to end users.
- Online sites should collaborate with market surveillance authorities to facilitate any action on unsafe products sold through their online services, including cooperation with product recalls.
Along with the new rules of control over the work of trade operators, completely new processes of information exchange related to product safety are being introduced:
- A Consumer Safety Network is being set up to facilitate the exchange of information, joint monitoring and testing projects, enhanced cooperation in the tracking, removal and recall of dangerous products and product safety.
- Manufacturers will be required to notify the so-called Safety Business Gateway within two business days of learning of the “incident” caused by the product. Moreover, the Regulation does not define the concept of “accident”.
- The regulation will standardize recall notifications for used products. Notices of withdrawal should also indicate that the affected product should be discontinued immediately.
- Member States are empowered to lay down rules on penalties applicable to GPSD infringements. The proposal sets a maximum fine of 4% of the annual turnover of the economic operator or the Internet site in the respective EU country.
Why are there such significant cross-sectoral regulations and increased control and responsibility for products? The annual consumer loss from the use of dangerous products in Europe is about 19.3 billion euros. With the introduction of new rules, a more systematic approach, the European Union plans to reduce these losses by about 1 billion in 2022, and by 5 billion over a decade.
GPSR represents a new era in product safety legislation. This applies not only to the wider range of products to be regulated, but also to the fact that security screening will now be comprehensive and cover larger retail channels. Although many of its requirements in the Regulation are similar to those in the General Product Safety Directive, the new legislation contains many enhanced and detailed requirements. Companies are encouraged to define their obligations under the proposed legislation well in advance.
