{"id":377131,"date":"2025-06-05T13:05:02","date_gmt":"2025-06-05T13:05:02","guid":{"rendered":"https:\/\/webinterpret.com\/?p=377131"},"modified":"2026-03-16T10:55:26","modified_gmt":"2026-03-16T10:55:26","slug":"a-guide-through-the-gpsr-and-product-recalls-for-online-sellers","status":"publish","type":"post","link":"https:\/\/webinterpret.com\/en\/blog\/a-guide-through-the-gpsr-and-product-recalls-for-online-sellers","title":{"rendered":"A guide through the GPSR and product recalls for online sellers"},"content":{"rendered":"

The GPSR has tightened the EU\u2019s product safety regulations, making it more challenging for online retailers to meet the Union\u2019s <\/span>compliance requirements<\/u><\/span><\/a>.<\/span><\/p>\n

The regulation expands the responsibilities of all economic operators for the safety of the products entering the EU markets to ensure that only safe products can reach consumers.\u00a0<\/span><\/p>\n

In addition to vouching for the product\u2019s safety, manufacturers, distributors, and importers are also responsible for removing unsafe products from the market.\u00a0<\/span><\/p>\n

However, under the GPSR, manufacturers and online sellers don\u2019t share the same responsibilities during a product recall process.\u00a0<\/span><\/p>\n

These responsibilities can seem daunting to online sellers unfamiliar with the EU\u2019s new product safety regulation, so in this article, we\u2019ll explain the entire process to help you navigate it smoothly.\u00a0<\/span><\/p>\n

The scope of the GPSR and the responsibilities of economic operators<\/h2>\n

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The end of 2024 was a turning point in the EU\u2019s approach to consumer safety.\u00a0<\/span><\/p>\n

The Union\u2019s new product safety regulation is a harmonization legislation that introduces stricter safety standards for consumer products entering the online or offline marketplaces in the member states and the European Economic Area.\u00a0<\/span><\/p>\n

The legislation increases the responsibilities of all economic operators for the safety of the products they make available on EU markets and compels them to collaborate with market surveillance authorities.\u00a0<\/span><\/p>\n

Hence, providers of online marketplaces, manufacturers of consumer products, and distributors must adhere to the stringent compliance requirements.\u00a0<\/span><\/p>\n

These requirements range from conducting internal risk assessments to appointing an <\/span>EU Responsible Person<\/u><\/span><\/a> and ensuring <\/span>product listings<\/u><\/span><\/a> on online marketplaces contain the mandatory information.\u00a0\u00a0<\/span><\/p>\n

Moreover, economic operators are also responsible for removing dangerous products with adverse health consequences from the market. Their responsibilities and the steps they must take during a product recall depend on their position in the supply chain.\u00a0<\/span><\/p>\n

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Download our free eBook<\/a> to learn more about GPSR!<\/p>\n

What is a product recall?<\/h2>\n

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Under the GPSR, all unsafe products sold on a marketplace in the EU must be removed from the market to prevent further harm to consumers, and economic operators who make these products available to consumers are subject to hefty fines. <\/span><\/p>\n

So, if a harmful product or service has already reached consumers, economic operators, including distributors, must take action to retrieve it from consumers and remove it from the market.\u00a0<\/span><\/p>\n

The corrective action economic operators must take involves much more than simply retrieving the product from affected consumers, as the GPSR also mandates that an economic operator must offer a remedy, inform other consumers, and market surveillance authorities.\u00a0<\/span><\/p>\n

Still, the exact sequence of actions during the product recall will depend on your company’s role in the production chain.\u00a0<\/span><\/p>\n

For instance, online sellers who only sell items they purchase directly from the manufacturer or importer must share with them any information regarding accidents or safety issues caused by those items.\u00a0<\/span><\/p>\n

Moreover, they must inform the market surveillance authorities through the <\/span>Safety Business Gateway<\/u><\/span><\/a> portal even if the item\u2019s manufacturer, importer, or authorized representative hasn\u2019t done so.\u00a0<\/span><\/p>\n

It\u2019s also important to note that a supervising authority can issue a forced recall if it determines that a product doesn\u2019t follow the EU\u2019s labeling requirements or if its technical documentation lacks instructions in the market\u2019s language on how to use a product safely.<\/span><\/p>\n

The difference between product recall and product withdrawal<\/h2>\n

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The term product recall refers to products that have already been made available to consumers by an economic operator.\u00a0<\/span><\/p>\n

As noted, the process involves retrieving the product from consumers who purchased it, stopping its sales, and sharing information about its potential hazards with all parties involved.\u00a0<\/span><\/p>\n

On the other hand, product withdrawal is the process of preventing a product that has already left the manufacturer\u2019s facilities from reaching the consumers.\u00a0<\/span><\/p>\n

In either case, <\/span>manufacturers, distributors, and importers<\/u><\/span><\/a> must either recall or withdraw a product from the market if they have reason to believe it is harmful to consumers.\u00a0That’s why collaboration between stakeholders is necessary to manage the product recall process effectively.\u00a0<\/span><\/p>\n

For example, an item\u2019s distributor may opt to stop featuring a product in their online store due to a handful of complaints they received from customers. Still, the manufacturer may find these complaints insufficient to recall the product from the market.\u00a0<\/span><\/p>\n

Disagreements like these can disrupt the supply chain, damage the manufacturer\u2019s reputation, and lead to substantial fines.\u00a0<\/span><\/p>\n

To avoid similar situations, online sellers should establish internal protocols for communication with other stakeholders, product risk assessment, and product withdrawals or recalls.\u00a0<\/span><\/p>\n

The responsibilities of online sellers in the event of a product recall<\/h2>\n

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Economic operators play different roles in the product recall process.\u00a0<\/span><\/p>\n

For instance, providers of <\/span>online marketplaces<\/u><\/span><\/a> must cooperate with market surveillance authorities, remove all listings of harmful products from their platform, and inform consumers about all recalled products purchased through their platform.\u00a0<\/span><\/p>\n

On the other hand, sellers on those online marketplaces are also responsible for checking the legitimacy of reported accidents and complaints and providing remedies to consumers who have already purchased an unsafe product.<\/span><\/p>\n

GPSR assigns the manufacturer the primary responsibility for managing the product recall process, meaning that online sellers who produce the items they offer on European marketplaces must handle the entire process.\u00a0<\/span><\/p>\n

Let\u2019s take a closer look at the responsibilities of online sellers in the event of a product recall.\u00a0<\/span><\/p>\n

Determining your position in the supply chain<\/h3>\n

Product safety regulation<\/u><\/span><\/a> establishes a clear guideline for determining an economic operator\u2019s position in the supply chain. So, according to the document, the distributor is:<\/span><\/p>\n

Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market.<\/span><\/em><\/p><\/blockquote>\n

Still, a distributor can assume the responsibilities of a manufacturer if they significantly modify a product, or they can be considered an importer if they place a product on an EU marketplace that was previously unavailable on that market.\u00a0<\/span><\/p>\n

That\u2019s why understanding your business\u2019s position within the supply chain is paramount for planning the appropriate course of action during a product recall.\u00a0<\/span><\/p>\n

Gathering evidence<\/h3>\n

Online sellers must ascertain the legitimacy of complaints regarding accidents or safety hazards caused by products they sell in their stores.\u00a0<\/span><\/p>\n

Keep in mind that consumers can file complaints directly to market surveillance authorities, which is why you should investigate each claim.\u00a0<\/span><\/p>\n

Find out the product\u2019s model, serial number, or <\/span>other product identifier<\/u><\/span><\/a>, batch number, and production date.\u00a0<\/span><\/p>\n

Then, request from the customer who filed the complaint to provide you with an extensive description of the accident and, if possible, photos or videos of the damage the product has caused.<\/span><\/p>\n

What\u2019s more, you should add each complaint you receive to your business\u2019s internal complaint register and keep it for at least five years.<\/span><\/p>\n

Informing the stakeholders<\/h3>\n

Once you\u2019ve gathered sufficient evidence that the customer\u2019s claim is legitimate and concluded that a product you placed on the EU market is unsafe, you should contact the manufacturer, the importer, or the authorized representative.\u00a0<\/span><\/p>\n

They should provide instructions regarding further steps in the product recall process. However, if they don\u2019t, you can inform the market surveillance authority, issue a recall notice, and notify the consumers that the item isn\u2019t safe.<\/span><\/p>\n

Drafting a recall notice\u00a0and issuing safety alerts<\/h3>\n

Article 36 of the GPSR offers detailed guidelines that economic operators must follow when creating a recall notice in written form.\u00a0<\/span><\/p>\n

Here\u2019s the overview of the elements a recall notice should include:<\/span><\/p>\n