GPSR: Obligations of Economic Operators in Distance Sales

In the realm of distance sales, where products are made available online or through other remote channels, economic operators have specific obligations to ensure transparency, safety, and compliance with EU regulations. These obligations are critical for maintaining consumer trust and meeting legal requirements outlined in Article 19 of the General Product Safety Regulation.

First, any product offered for sale online must clearly display the name, registered trade name, or registered trademark of the manufacturer. Additionally, the manufacturer’s postal and electronic contact addresses must be provided. This information is vital for consumers to identify and reach the manufacturer if necessary.

For manufacturers outside the European Union, appointing an EU authorized representative is not only crucial but also mandated by Article 19 of the General Product Safety Regulation. This representative acts as the point of contact within the EU, ensuring accountability and compliance with EU regulations. The product listing must include the name, postal, and electronic addresses of this authorized representative, as required by Article 16(1) of the relevant Regulation or Article 4(1) of Regulation (EU) 2019/1020.

Moreover, the product must be easily identifiable with clear information, including a picture, type, and other product identifiers. Accurate product descriptions help consumers make informed decisions and ensure they receive the correct item.

Additionally, any warnings or safety information required by law must be attached to the product or its packaging or included in accompanying documentation. This information should be presented in a language easily understood by consumers in the Member State where the product is sold.

Given the complexity of these requirements, it is highly advisable to seek guidance from experts in CE Marking and product compliance. Professional advice ensures that all legal obligations are met, avoiding potential issues with market access and consumer safety.