Product Safety Regulation: Obligations in online retail
The Product Safety Regulation specifies particular requirements for the provision of products in online retail in Art. 19. Consumer products are considered to be “made available” as soon as they are offered for sale within the EU via online platforms or other distance selling channels. When offering these products, the following information must be provided:
Manufacturer identification
Product identification marking
Warning or safety information.
Obligations for providers of online marketplaces
Providers of online marketplaces—i.e., “providers of an intermediary service who, via an online interface, enable consumers to conclude distance contracts with traders for the sale of products”—have specific obligations under the Product Safety Regulation as outlined in Art. 22. These obligations include, among others:
Designation of a single point of contact for market surveillance authorities and consumers
Implementation of measures requested by market surveillance authorities without undue delay—generally within two days. Such measures may include, for example, the removal of specific content or the display of a specific warning.
A provider of an online marketplace is not considered an economic operator (e.g., manufacturer or distributor) according to Art. 3 No. 13. However, if an online provider simultaneously assumes the role of an economic operator, such as that of a manufacturer, they must comply not only with the obligations in Art. 22 but also with the additional obligations associated with their role as a manufacturer.
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Our workshops on the Product Safety Regulation will help you meet the requirements of the regulation safely and efficiently—whether you are a manufacturer, distributor, or provider of an online marketplace. Feel free to contact us to learn more about our services and to schedule an appointment!
