The EU's General Product Safety Regulation applies from 13 December and will affect UK companies selling products to EU (and Northern Irish) consumers. 

The new Regulation aims to address risks from digital technology and the regulatory gaps arising from the EU's fragmented product safety regime. This is aided by the fact that it is a regulation rather than a directive which should avoid member states taking different approaches when transposing it, meaning there should be greater consistency in product safety regulation and enforcement across the EU. Its key provisions include:

Responsible persons. Economic operators, including those established outside the EU, must appoint a responsible person based in the EU.  That person's duties include ensuring that technical information, instructions, and safety information are available.

Emerging digital technologies (EDTs). The GPSR expands the core definitions of "product" and "safety" to encompass EDTs. The definition of "product" considers interconnectivity of products. The definition of "safety" takes account of the product's cybersecurity features and its evolving, learning, and predictive functionalities. Interestingly, there is debate around whether the definition of “product” includes standalone AI software - more guidance on this from the Commission will be required (although, regardless, the regulations do seem to apply to AI systems which aren't standalone but are instead included within consumer products).

Online marketplaces. Providers of online marketplaces have duties to prevent dangerous products being sold. For example, they must co-operate with market surveillance authorities (MSAs) if they find a dangerous product on their platform and must establish a single point of contact responsible for product safety. MSAs can require online marketplaces to remove dangerous products or disable access to their listings.

Risk assessment. Manufacturers must carry out a risk assessment before placing a product on the EU market. The GPSR sets out new criteria which may be relevant for a risk assessment, such as gender-related differences, the risks to the most vulnerable consumers (such as children), the interconnection with other products, cybersecurity, and the product's evolving, learning and predictive functionalities. For complex products, the risk assessment could involve considerable time and expense.

Reporting accidents and investigating complaints. The GPSR increases the focus on accidents and their reporting.  If there is an accident, economic operators must notify the relevant competent authority via the Safety Gate system (the EU rapid alert system for dangerous non-food products) without undue delay after becoming aware of it. If the manufacturer is not established in the EU, the responsible person must report the accident. There also stricter rules about investigating and keeping internal records about complaints.

Traceability. Economic operators may be required to establish a system of traceability for products that present a serious health and safety risk.

Market surveillance. The GPSR creates a single market surveillance regime for all products.

Product recalls. The GPSR also aims to improve the effectiveness of product recalls. If a product is recalled, consumers will be entitled to a repair, replacement, or refund and must be able to choose between at least two of the three remedies.

Following the UK's withdrawal from the EU, Northern Ireland aligns with EU rules on product safety. Consequently, there are some differences between the requirements for product recalls in NI and those in Great Britain and these will increase once the GPSR applies.  It will apply to Northern Ireland in accordance with the Northern Ireland Protocol (as amended by the Windsor Framework).

In November 2024, the UK government published its response to its own Product Safety Review. Key priorities include tackling the sale of unsafe goods through online marketplaces and ensuring emerging hazards that cut across multiple sectors are adequately addressed through the UK's product safety framework.  The Product Regulation and Metrology Bill passes through parliament and the government has indicated that, where is makes sense to do so, it will align UK requirements with those of the EU.