EU Product Liability Directive 2024/2853 Explained

The European Union has adopted a new Product Liability Directive, Directive (EU) 2024/2853. It replaces the old 1985 Product Liability Directive and creates a broader, more modern liability framework for defective products sold in the EU.

For EU sellers of consumer products, this is an important change. Product safety compliance is no longer only about market access, Amazon approval, customs clearance or avoiding authority action. It is also a core part of liability risk management.

The new Directive applies to products placed on the EU market or put into service after 9 December 2026. EU Member States must transpose it into national law by the same date.

1. Why the EU revised the product liability rules

The old Product Liability Directive was adopted in 1985. At that time, most consumer products were traditional physical goods. Today, products may include software, firmware, digital instructions, connected functions, AI-supported features, remote updates, online services and complex international supply chains.

The revised Directive updates EU product liability law for this new reality. It addresses digital products, online sales, non-EU manufacturers, software, refurbished products, modified products and products with connected or automated functions.

2. What product liability means

Product liability means that an injured person can claim compensation if a defective product causes damage. The Directive is based on strict liability. This means the claimant does not need to prove that the manufacturer or another liable party acted negligently.

The claimant generally needs to show three things

• the product was defective,
• damage occurred,
• the defect caused the damage.

However, the revised Directive makes this easier for claimants in certain cases. This is why sellers should treat technical documentation, risk assessments, warnings, traceability and complaint handling as legal risk controls.

3. Which products are covered?

The definition of “product” is broad. It covers movable goods, even when they are integrated into another product or into a building. It also covers electricity, digital manufacturing files, raw materials and software.

Examples of products that may be covered

• traditional consumer goods,
• children’s products, toys and baby products,
• household goods and furniture,
• clothing, footwear and accessories,
• jewelry and fashion accessories,
• sports and outdoor products,
• electrical and electronic products,
• smart or connected devices,
• products with embedded software,
• spare parts and components,
• refurbished, repaired or substantially modified products.
  
  

4. When is a product defective?

A product is defective if it does not provide the safety that a person is entitled to expect, or the safety required under EU or national law.

Factors that may be considered

• the product design,
• the product composition and materials,
• the product’s technical features,
• packaging and presentation,
• instructions and warnings,
• reasonably foreseeable use,
• reasonably foreseeable misuse,
• the needs of children or vulnerable users,
• the effect of software or digital elements,
• recalls, corrective actions or safety notices.

Important practical point

A warning label cannot usually compensate for an unsafe product design. Sellers should first assess whether the product itself is safe. Warnings and instructions are part of risk reduction, but they are not a substitute for safe design, suitable materials and proper quality control.

5. Who can be liable?

The manufacturer remains the main liable party. However, the revised Directive expands the list of parties that may become liable, especially where the manufacturer is based outside the EU.

Potentially liable parties include

• manufacturers,
• component manufacturers,
• importers,
• authorised representatives,
• fulfilment service providers,
• distributors,
• online platforms in certain cases,
• businesses that substantially modify a product.

This is especially relevant for non-EU brands selling directly to EU consumers. If the manufacturer is outside the EU, claimants may look for an EU-based economic operator in the supply chain.

6. Online marketplaces and platforms

The revised Directive also reflects the growth of online sales. Online platforms may become relevant where they present a product or enable a transaction in a way that makes the average consumer believe the product is provided by the platform itself or by a trader acting under its authority or control.

This does not mean every marketplace is automatically liable for every third-party product. However, it shows that the EU is closing gaps in online supply chains.

What sellers should expect from marketplaces

• requests for EU Responsible Person details,
• requests for product safety documentation,
• requests for risk assessments,
• requests for test reports,
• requests for compliant labels and warnings,
• requests for traceability information,
• stricter checks after complaints or incidents.
  
  

7. Evidence disclosure and burden of proof

One of the most important changes is evidence disclosure. Courts may require a defendant to disclose relevant evidence if the claimant presents enough facts and evidence to support the plausibility of the claim.

The Directive also introduces presumptions of defectiveness or causation in certain situations. This can make it easier for claimants to bring product liability claims.

Defectiveness may be presumed where

• the defendant fails to disclose relevant evidence,
• the product does not comply with mandatory safety requirements intended to protect against the relevant risk,
• the damage was caused by an obvious malfunction during reasonably foreseeable use.

Why this matters for sellers

If a seller cannot show how product safety was assessed, how risks were controlled and what documentation was available, it may be harder to defend a claim. Good documentation does not remove all liability risk, but poor documentation can make the risk much worse.

8. Connection with the General Product Safety Regulation

The General Product Safety Regulation (GPSR) and the Product Liability Directive are separate laws. The GPSR focuses on product safety obligations before and after placing a product on the EU market. The Product Liability Directive focuses on compensation after damage has occurred.

In practice, they are closely connected. If a product does not comply with mandatory safety requirements, this can support a presumption that the product was defective.

GPSR documentation can support liability defence

• product risk assessments,
• technical documentation,
• supplier declarations,
• material information,
• test reports,
• product labels,
• instructions for use,
• multilingual warnings,
• batch, lot or serial traceability,
• complaint and incident records,
• corrective action and recall procedures.
  
  

9. Practical impact for EU sellers of consumer products

EU sellers should prepare before the new liability regime applies. The most important step is to build a structured compliance file for each product or product family.

Product grouping

Products should be grouped carefully. Grouping should reflect the product type, intended use, material, manufacturer, design, age group and risk profile. Overbroad grouping can create documentation gaps.

Technical documentation

Each product or product family should have a technical file. This should include product photos, product specifications, materials, supplier information, risk assessment, test reports, labels, warnings and instructions.

Risk assessment

The risk assessment should cover intended use and reasonably foreseeable misuse. It should assess mechanical risks, chemical risks, flammability, choking risks, strangulation risks, electrical risks, hygiene risks and any other product-specific hazards.

Labels and warnings

Labels and warnings should be clear, product-specific and available in the language of the Member State where the product is sold. Where required, information must be placed directly on the product. In other cases, packaging or accompanying documents may be acceptable.

Traceability

Sellers should be able to trace products by model, batch, lot, SKU, production date or serial number where appropriate. Traceability is important for recalls, authority communication and liability defence.

Complaint handling

Complaints should be reviewed and documented. Safety-related complaints should be escalated. If a product creates a risk, sellers must be ready to take corrective action.

10. What non-EU sellers should know

Non-EU sellers face particular risk. If the manufacturer is outside the EU, liability may attach to an EU importer, authorised representative or fulfilment service provider, depending on the sales structure.

Non-EU sellers should clarify

• who the legal manufacturer is,
• who imports the product into the EU,
• whether an EU Responsible Person is required under GPSR,
• whether an authorised representative is required under CE legislation,
• who stores or fulfils the product in the EU,
• who receives authority notifications,
• who manages complaints, incidents and recalls.
  
  

11. Checklist before 9 December 2026

Recommended actions for sellers

• identify all consumer products sold in the EU,
• group products by technical and risk similarity,
• prepare or update GPSR risk assessments,
• collect supplier documents and material information,
• review test reports and product standards,
• verify labels, warnings and instructions,
• check that online listings match the product documentation,
• confirm EU Responsible Person, importer or authorised representative roles,
• maintain batch, lot, SKU or serial traceability,
• create complaint and incident handling procedures,
• prepare corrective action and recall procedures,
• keep records for each product version.
  
  

12. How EaseCert supports sellers

EaseCert supports sellers of consumer products with GPSR compliance, EU Responsible Person services, product risk assessments, technical documentation and labeling reviews.

Strong compliance documentation cannot guarantee that a product liability claim will never occur. However, it helps sellers show that product safety was assessed, foreseeable risks were considered and required safety information was provided.

Conclusion

The revised EU Product Liability Directive changes the risk landscape for consumer product sellers. It expands the definition of products, broadens the range of potentially liable parties, strengthens evidence disclosure and introduces claimant-friendly presumptions.

For sellers, the practical response is clear: know your products, assess their risks, keep technical files, use correct labels and warnings, maintain traceability and respond properly to safety issues.

Product safety compliance is no longer only a regulatory requirement. It is also a central part of liability risk management in the EU.

Official EU references

• Directive (EU) 2024/2853 on liability for defective products
• Regulation (EU) 2023/988 on general product safety (GPSR)
• European Parliamentary Research Service briefing on the revised Product Liability Directive
• Council Directive 85/374/EEC, the former Product Liability Directive