European Regulation 2023/988 of 10 March 2023 on general product safety entered into force on 13 December 2024.
It aims to strengthen consumer protection with regard to the safety of non-food products sold in shops and on the internet, whether new or second-hand, and to adapt the rules to market developments (online sales and new technologies).
This Regulation applies where there are no specific provisions in EU law governing the safety of the products concerned.
It requires companies to ensure that they sell or make available to consumers only « safe » products, i.e. « any product which, under normal or reasonably foreseeable conditions of use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product’s use, considered acceptable and consistent with a high level of protection of the health and safety of consumers;”
The Regulation lists the aspects to be taken into account when assessing the safety of a product, which now include, in order to take account of new technological risks, aspects relating to cybersecurity features or the evolving, learning and predictive functionalities of the product.
Before placing a product on the market, the professional shall carry out a risk analysis of the product and draw up technical documentation containing at least a general description of the product and its essential characteristics. This technical documentation must be kept up to date and made available to the supervisory authorities for a period of ten years after the product has been placed on the market.
The duties of professionals include:
- establish internal procedures to ensure the safety of the products they produce, import or sell,
- ensure the traceability of products;
- accompany products with clear instructions and safety information;
- if a product is found to be dangerous, take immediate corrective action and inform the authorities and consumers;
- maintain an internal register of complaints, product recalls and any corrective action taken to bring the product into compliance.
Marketplaces are also subject to some of these obligations, in addition to the specific obligations imposed on them under Article 22 of the Regulation. For example:
- Marketplaces must notify the authorities of any dangerous products of which they are aware, using the existing tools provided by the European Commission (including the Safety Business Gateway);
- Marketplaces must withdraw a product offer within two working days of receiving an order from a surveillance authority.
At the same time, consumer rights have been strengthened. Consumers now have more possibilities to ask for a repair, replacement or refund if the safety of a product is in question.