10 Common GPSR Myths Sellers Get Wrong (and What the Regulation Actually Says)

The 10 myths at a glance

Article numbers refer to the GPSR (Regulation (EU) 2023/988) unless stated otherwise.

Scope myths (1–3): "GPSR is not for me"

Myth 1: "My product has CE marking, so GPSR doesn't apply"

The law: Article 2(1) says that where Union law already sets specific safety requirements, the GPSR covers only the aspects and risks those rules do not. For products under Union harmonisation legislation (most CE products), Chapter III Section 1 (Articles 9–18) and several other chapters do not apply. But Chapter III Section 2 does: Article 19 on online offers, Article 20 on accidents and Article 21 on electronic information. So do the chapters on online marketplaces, Safety Gate and recalls (IV, VI, VIII), as the Commission's guidelines C/2025/6233 (interpretation, not law) confirm.

Products under the acts listed in Article 4(5) of Regulation (EU) 2019/1020 (toys, low-voltage, EMC, radio equipment, RoHS and others) already need an EU-established economic operator named on the product, packaging, parcel or an accompanying document (Article 4(1) and (4)). Cosmetics have their own responsible person rules.

What to do: add uncovered risks to your CE file, complete listings under Article 19, and run one accident process for all products. See GPSR vs CE marking.

Myth 2: "I'm small, a private seller, or only sell to one country"

The law: the GPSR has no exemption based on turnover, staff or sales volume. Making available on the market means any supply for distribution, consumption or use in the EU in the course of a commercial activity, paid or free (Article 3(6)). The guidelines confirm that individuals acting for business purposes are traders; only purely consumer-to-consumer sales are outside scope. An online offer counts as made available in the EU if it targets consumers in one or more Member States (Article 4), so a single German storefront is enough.

The only concession for SMEs is guidance: Article 17 (see also recital 41) asks the Commission for guidelines that consider SMEs and micro-enterprises. The obligations are not reduced.

What to do: decide, SKU by SKU, whether you are manufacturer, importer or distributor. See economic operator roles or take the 3-step compliance check.

Myth 3: "Used and refurbished products are out of scope"

The law: Article 2(3) applies the GPSR to products that are new, used, repaired or reconditioned. The only carve-out is for products that must be repaired or reconditioned before use and are clearly marked as such. Article 2(2) excludes antiques (collectors' items or works of art not expected to meet current safety standards, per the guidelines), not ordinary second-hand goods. Anyone who substantially modifies a product in a way that affects its safety is treated as the manufacturer under Article 13(2)-(3).

What to do: used and refurbished goods still need an identifier, manufacturer and responsible person details, and safety information in the local language. If refurbishment replaces batteries or other safety-relevant parts, assess and record whether it is a substantial modification.

Information and label myths (4–5): "It's online, so it's done"

Myth 4: "I filled in the marketplace fields or added a QR code, so I don't need a label"

The law: these are two separate obligations.

• Online: Article 19 requires a distance-sales offer to show the manufacturer's details, the EU responsible person if the manufacturer is outside the EU, product identification including a picture and type, and warnings or safety information. Seller dashboard GPSR fields serve this.
• On the product: the type, batch or serial number (Article 9(5)), the manufacturer's name and postal and electronic address (Article 9(6)) and the importer's details (Article 11(3)) go on the product, or on the packaging or an accompanying document only where that is not possible. The responsible person's details go on the product, packaging, parcel or an accompanying document (Article 16(3)).

Article 21 opens with "without prejudice to" those label provisions and says operators may additionally provide the information digitally through a clearly visible electronic solution. Recital 32 gives QR and data matrix codes as examples. A QR code supplements the label; it does not replace it.

What to do: keep the mandatory details printed on the product or packaging and use the QR code for full manuals and extra languages. See GPSR label requirements and QR codes and digital labels; you can lay out a label at gpsrtools.com. Platform-by-platform listing rules are in GPSR online selling requirements.

Myth 5: "English instructions and warnings are enough"

The law: Article 9(7) requires clear instructions and safety information in a language consumers can easily understand, as determined by the Member State where the product is made available. Importers must ensure the same (Article 11(4)), distributors must check it (Article 12(1)), and the same language rule applies to warnings shown in online offers (Article 19(d)). Nothing makes English a default, and some countries have several official languages. Instructions can be omitted only where the product can be used safely and as intended without them.

What to do: prepare a language version for every country you actually sell to, and put all languages on shared multi-country packaging. See warning and language rules.

Responsible person and documentation myths (6–7)

Myth 6: "The EU rep is just an address on the box"

The law: Article 16(1) says a product may not be placed on the market unless an economic operator established in the EU is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020: supplying authorities, on reasoned request, with the documents showing the product is safe; reporting products it believes present a risk; and cooperating on corrective action. GPSR Article 16(2) adds that, where appropriate for the risks, it must regularly check that the product matches the technical documentation and that labelling and instructions meet Article 9(5)-(7), and show documented evidence of those checks on request. Where the manufacturer is outside the EU, the responsible person who learns of an accident must ensure it is notified (Article 20(4)). An authorised representative acts under a written mandate covering at least the tasks in Article 10(2).

What to do: sign a written mandate covering documents, check frequency, accident contact and response times, and give your representative access to the technical file. See who the EU responsible person is and the authorised representative mandate.

Myth 7: "Risk assessments and technical files are only for big brands"

The law: Article 9(2) requires every manufacturer, before placing a product on the market, to carry out an internal risk analysis and draw up technical documentation with at least a general description of the product and its safety-relevant characteristics. Where risks call for it, it also covers the risk analysis, solutions adopted, test results and standards applied. Article 9(3) requires it to be kept up to date and available to authorities for 10 years after the product is placed on the market; importers keep a copy for the same period (Article 11(6)). There is no size threshold. "Where appropriate" lets a low-risk product have a simpler file, not no file.

Private-label sellers: whoever markets a product under their own name or trademark is the manufacturer (Articles 3(8) and 13(1)), so this duty sits with the brand, not the factory.

What to do: keep a file per model: description and photos, materials, risks and fixes, test reports, standards, label and manual versions. See GPSR technical documentation.

Timing and accident myths (8–9): "It can wait"

Myth 8: "Stock from before 13 December 2024 never needs changing"

The law: Article 51 only says Member States may not prevent the making available of products covered by Directive 2001/95/EC (GPSD) that comply with it and were placed on the market before 13 December 2024. Placing on the market means the first making available of a product on the EU market (Article 3(7)), and the guidelines stress that this is decided unit by unit, not per model or listing.

Units first made available in the EU before that date can keep selling without the new label details; units reaching the EU market later must comply, even from the same production run. Goods that did not comply with the GPSD are not protected. The guidelines also say GPSR obligations apply to any offer made on or after 13 December 2024, so complete the Article 19 listing information even for old stock.

What to do: keep import and sales records showing those units were first made available in the EU before the date; if you cannot, relabel to GPSR standards. For identifiers, see GPSR batch and serial numbers.

Myth 9: "If there's an accident, I'll wait for the marketplace or the authorities"

The law: under Article 20(1)-(2), the manufacturer must ensure that an accident caused by its product is notified through the Safety Business Gateway, without undue delay from the moment it knows, to the competent authorities of the Member State where it happened. That means death or serious adverse effects on health and safety, permanent or temporary, including injuries, illnesses and chronic effects; the notice gives the product type, identification number and known circumstances. Importers and distributors must tell the manufacturer without undue delay (Article 20(3)). Where the manufacturer is outside the EU, the responsible person who knows of the accident must ensure it is notified (Article 20(4)). If the product is dangerous, the manufacturer must also immediately take corrective action, inform consumers and notify the authorities via the Safety Business Gateway (Article 9(8)). These are duties of economic operators; the Regulation does not pass them to marketplaces.

What to do: register for EU Login in advance and name who files notifications; have customer service escalate injury, fire or choking complaints at once; agree accident-sharing times with your EU representative. See accidents, recalls and Safety Gate.

Penalty myth (10): fines and the real consequences

Myth 10: "GPSR fines are a fixed EU-wide amount"

The law: Article 44 requires Member States to set penalties for infringements by economic operators and online marketplaces, to make them effective, proportionate and dissuasive, and to notify the Commission by 13 December 2024. The Regulation sets no amount and no turnover-based cap. Figures or percentages quoted online are not in the GPSR. Amounts, procedures and enforcing authorities depend on national law. The Commission must evaluate how Article 44 works by 13 December 2029 (Article 47(5)).

More immediate consequences for most sellers:

• orders to fix, withdraw, recall or destroy products under the market surveillance powers of Regulation (EU) 2019/1020 (GPSR Article 23);
• authority orders to marketplaces to remove or disable listings, which must be acted on within two working days (Article 22(4));
• Safety Gate alerts for dangerous products, with information made public;
• recalls with direct notice to affected consumers and a choice of remedies such as repair, replacement or refund (Articles 35–37).

What to do: for a country's penalties, check its authority's published rules or ask a local lawyer. Getting myths 1–9 right keeps penalty risk low. For the Commission's interpretation, see the GPSR Commission guidelines; for the full framework, see what is GPSR.