GPSR responsible person: who needs one

Which products need one

Article 16 of the GPSR applies to products covered by the GPSR. For products that are also subject to EU harmonisation legislation (CE-marked products), the part of the GPSR containing Article 16 does not apply; instead, Article 4 of Regulation (EU) 2019/1020 requires an economic operator established in the EU for products under the main CE directives, such as the Low Voltage, EMC, Radio Equipment, RoHS, Toy Safety and Machinery legislation.

In practice the result is the same for most consumer products: whether a product is CE-marked or not, someone established in the EU has to be responsible for it, and their details must appear on the product or its packaging. The distance-selling rules of Article 19 GPSR apply to both.

Who can be the responsible person

• a manufacturer established in the EU;
• an importer, where the manufacturer is not established in the EU;
• an authorised representative with a written mandate from the manufacturer to perform the tasks;
• a fulfilment service provider established in the EU, for the products it handles, but only where none of the above exists.

A manufacturer established in the EU is its own responsible person and does not need to appoint anyone.

What the responsible person must do

• Verify that the required documentation exists and keep it available to market surveillance authorities; for GPSR products that is the technical documentation with the manufacturer's internal risk analysis, kept for 10 years.
• Provide authorities with the information and documentation needed to show the product is safe, in a language they understand, when asked.
• Inform the authorities when there is reason to believe a product presents a risk, and cooperate on corrective action.
• Under the GPSR, regularly check that the product matches the technical documentation and carries the required identification, contact details and instructions, and keep documented evidence of those checks.

Label and online listing requirements

The responsible person's name, registered trade name or trade mark and contact details, including postal and electronic address, must be on the product or its packaging, the parcel or an accompanying document.

Online offers must additionally show the manufacturer's name and contact details, the responsible person's name and postal and electronic address where the manufacturer is outside the EU, product identification with a picture, and the warnings and safety information in the local language.

What the manufacturer still has to do

Appointing a responsible person does not transfer the manufacturer's own obligations. Under Article 9 GPSR the manufacturer carries out an internal risk analysis, draws up technical documentation, marks the product with a type, batch or serial number and its own contact details, supplies instructions and safety information in the local language, and acts on safety problems, including notifying accidents through the Safety Business Gateway.

Frequently asked questions