The GPSR: Product Safety Obligations

These obligations stem from Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety, commonly known as the General Product Safety Regulation or GPSR. It has applied in all EU Member States since 13 December 2024 and replaced Directive 2001/95/EC.

In Poland, the EU rules are supplemented by the Act of 7 November 2025 on the supervision of general product safety, which took effect on 3 January 2026. It adapted the national market surveillance system to the GPSR, designated the competent authorities and set out procedures and supervisory measures.

The GPSR applies to products intended for consumers or likely to be used by consumers under

reasonably foreseeable conditions, even if not specifically designed for them. It covers products supplied for payment or free of charge, including those made available as part of a service, such as gym and fitness club equipment, playground equipment, hotel room furniture and fittings, and shopping trolleys and baskets.

The rules cover new, used, repaired and reconditioned products where they are placed or made available on the market in the course of business.

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The Regulation does not apply to products whose safety is governed by separate EU legislation. In particular, the following are excluded:

• medicinal products
• food and feed
• living plants and animals
• genetically modified organisms and microorganisms
• plant protection products
• animal by-products
• equipment used by consumers in transport services where operated by the service provider
• aircraft
• antiques, meaning collectors’ items and works of art under the Regulation.

The extent of the obligations depends on the role each defined entity plays in the supply chain. Manufacturers bear the greatest responsibility, while importers and distributors primarily perform

verification and oversight roles. The Regulation also imposes duties on authorised representatives and online marketplace providers.

a) Manufacturer: under Article 3(8) GPSR, a natural or legal person who manufactures a product or has it manufactured and markets it under their own name or trademark.

The manufacturer’s main duties under Article 9 include:

• ensuring the product is safe before placing it on the market
• carrying out a risk analysis and preparing technical documentation
• retaining technical documentation for ten years after the product is placed on the market
• marking the product so that it can be identified
• providing the manufacturer’s identity and contact details
• supplying instructions for use and safety information
• monitoring product safety after market placement
• analysing complaints and keeping a complaints register
• taking corrective action and notifying the competent authorities of dangerous products.

A manufacturer may appoint an authorised representative to perform some duties. Article 10 GPSR governs the representative’s role, but appointment does not release the manufacturer from responsibility for product safety.

b) Importer: a natural or legal person resident or established in the EU who places a product from a third country on the market.

The importer’s main duties under Article 11 GPSR include:

• placing only products meeting the requirements of the

GPSR on the market;

• providing their identification and contact details on the product
• retaining a copy of the technical documentation
• keeping a register of complaints, withdrawals and recalls
• informing the manufacturer, market surveillance authorities and consumers of identified risks
• taking appropriate corrective action.

c) Distributor: under Article 3(11) GPSR, an entity making a product available on the market other than the manufacturer or importer.

The distributor’s main duties include:

• checking that the manufacturer and importer have met GPSR requirements
• exercising due care when making products available on the market
• cooperating with market surveillance authorities
• taking corrective action if a product fails to meet safety requirements.

d) Online marketplace provider, such as Allegro or Amazon.

The provider’s main duties under Article 22 GPSR include:

• registering with Safety Gate
• designating a contact point for market surveillance authorities and consumers
• implementing procedures for responding to reports of dangerous products
• complying with orders to remove listings, disable access to them or display warnings
• enabling sellers to provide all information required for distance sales.

e) Duties Common to Entities Covered by the GPSR

Regardless of their role in the supply chain, all economic operators covered by the GPSR must:

• cooperate with market surveillance authorities
• provide information and documents needed to assess product safety when requested
• take steps to eliminate or reduce product risks
• identify, at the authority’s request, the entity from which they received a product and the entity to which they supplied it, ensuring traceability throughout the supply chain.

The GPSR expanded the former RAPEX rapid alert system for dangerous non-food products, now known as Safety Gate. This EU system enables rapid exchange of information about products posing health or safety risks to consumers. Authorities can exchange information efficiently, businesses can report corrective measures and consumers can check current warnings.

Safety Gate consists of three interconnected components:

• the rapid alert system, used by the European Commission and market surveillance authorities to exchange information about dangerous products
• the Safety Business Gateway, a portal for businesses to report dangerous products and corrective action

• the public Safety Gate portal, an open database where consumers can check dangerous product warnings and report products they believe may pose a risk.

Although businesses’ main duties arise directly from the GPSR, the Act of 7 November 2025 adapted Poland’s market surveillance system to the new EU rules. It designated the authorities responsible for compliance checks and granted the powers needed to enforce the obligations effectively.

The President of the Office of Competition and Consumer Protection (UOKiK) supervises compliance with general product safety rules in Poland. Regional Trade Inspection inspectors carry out direct inspections of businesses.

During inspections, authorities may in particular:

• request technical documentation and supply chain information
• carry out product checks and inspections
• take product samples for laboratory testing
• verify whether products meet safety requirements.

The rules also address online trading. Authorities may conduct remote inspections, including test purchases without revealing their identity, to check compliance with the GPSR.

Where infringements are found, the President of UOKiK may issue a decision imposing the measures provided for in the Act on the supervision of general product safety.

In particular, the President of UOKiK may:

• order identified non-compliance to be remedied
• require appropriate warnings to be placed on the product
• restrict market availability or make it subject to conditions
• order consumers to be informed of the product risk
• order withdrawal from the market or recall from end users
• order destruction of a dangerous product at the business’s expense where necessary to protect consumers’ health and lives.

For online sales, the President of UOKiK may also order marketplace providers or sellers to remove dangerous product listings or display appropriate warnings.

The GPSR and the national Act on the supervision of general product safety have substantially changed businesses’ responsibility for product safety. In practice, this requires ongoing compliance monitoring and adaptation of internal procedures. Appropriate organisational and oversight measures help reduce the risk of infringements and related penalties.

This information does not constitute a legal opinion. For further information or legal assistance, please contact our firm: 42 207 66 66, kancelaria@krs-adwokaci.pl.

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