What Happens If You Don’t Comply with GPSR?
The General Product Safety Regulation (EU) 2023/988 applies to nearly all non-food consumer products sold in the European Union and Northern Ireland. Whether you are a global brand, a small e-commerce seller, or a handmade artisan, you must ensure that your products are safe, traceable, and properly labeled before offering them to EU consumers.
Non-compliance doesn’t just mean a technical error. It can lead to product bans, fines, delistings, customs seizures, and even legal liability. Under GPSR, safety isn’t assumed, it must be proven. Learn more in our guide: GPSR Requirements – What You Need to Know.
1. Your Product May Be Banned or Recalled
Under Articles 35 and 36 of the GPSR, national Market Surveillance Authorities (MSAs) are empowered to investigate any product on the market. If they find a risk to consumer health or safety, they can issue immediate orders for withdrawal, recall, or prohibition.
This applies even if no incident has occurred. If you cannot produce technical documentation or traceability records (per Article 18), your product may be considered unsafe by default. Learn how to document risks in our GPSR risk assessment guide.
Enforcement examples are publicly listed in the EU Safety Gate system. You can also read our EU Safety Gate registration article to understand your responsibilities.
2. You Could Be Fined
While the GPSR does not specify fixed penalties, Article 44 requires Member States to establish effective, proportionate, and dissuasive penalties for infringements. Several countries are planning legislation with fines of up to €100,000.
Even small businesses or online sellers may be subject to these penalties if they fail to appoint an EU Responsible Person, mislabel a product, or neglect post-market obligations. See our guidance on how to appoint an EU Responsible Person correctly.
3. Your Listings Could Be Removed from Marketplaces
According to Article 31, online marketplaces are required to remove non-compliant listings in cooperation with enforcement authorities. Listings missing proper Responsible Person details, traceability, or label warnings may be removed without prior notice.
To reduce delisting risk, review your product’s label setup with our full GPSR labeling requirements guide.
4. You Risk Reputational Damage
Non-compliant products are logged publicly in the EU Safety Gate. This exposes your brand to public scrutiny, media attention, and reputational harm. Competitors and consumers monitor this system closely.
Repeated alerts may cause online platforms and distributors to suspend your listings or refuse future shipments. Learn how our GPSR compliance services help safeguard your product listing continuity.
5. You May Be Held Personally Liable
According to the Product Liability Directive 85/374/EEC, importers and manufacturers may be held liable for damages caused by unsafe or defective products.
If you cannot provide proper documentation when requested, or if your labeling is incorrect or incomplete, you may be presumed at fault. The GPSR places the burden of proof on economic operators.
6. You Could Lose Access to the EU Market Entirely
Repeat violations or missing legal documentation (such as a Declaration of Conformity or labeling in local languages) may result in a permanent ban on product sales within the EU. Under Article 9, non-compliant products may be removed not only by authorities but also by customs and online platforms.
Without an EU-based contact listed on your product or packaging, access to the market may be automatically denied. Learn how to meet this obligation in our article on EU Responsible Person services.
7. Customs Can Block or Destroy Your Goods
Shipments entering the EU without the required labeling or traceability information may be seized, returned, or destroyed. This applies even if the product has passed safety tests but lacks required declarations or batch numbers.
Use the Safety Business Gateway to notify authorities of serious incidents, and ensure your labeling complies with EU product marking rules.
How to Avoid All This
To avoid costly enforcement, follow these essential GPSR compliance steps:
- Appoint a valid EU Responsible Person for all products sold in the EU.
- Create a structured technical documentation file (per Article 18).
- Prepare a proper risk assessment with hazards, controls, and warnings.
- Use accurate labeling, warnings, batch codes, and importer contact information. See our labeling guide.
- Register on the EU Safety Gate and report incidents within 2 business days. Here’s how: EU Safety Gate Registration Guide.
Frequently Asked Questions
What is the GPSR and who does it apply to?
The General Product Safety Regulation (EU) 2023/988 applies to all non-food consumer products sold in the EU and Northern Ireland. It affects manufacturers, importers, distributors, and online sellers (whether based in the EU or not).
What counts as non-compliance under GPSR?
Non-compliance includes missing technical files, no EU Responsible Person, missing safety warnings, incorrect labelling, and failure to notify dangerous products. Selling without these elements violates multiple Articles of the Regulation.
Do handmade or low-risk products have to comply?
Yes. Even handmade goods and simple consumer items must follow general safety rules, proper documentation, and traceability requirements. There are no exemptions based on product complexity or scale.
How long do I have to keep technical documentation?
According to Article 18, you must keep your technical file for at least 10 years from the date the product was placed on the market. This file must be made available to authorities upon request.
What happens if I don’t appoint an EU Responsible Person?
If no EU-based economic operator is listed, your product is considered non-compliant and may be blocked by customs, removed from marketplaces, or banned from sale. Learn more in our guide: How to Appoint an EU Responsible Person.
Is English labeling enough for the EU?
No. Article 22 requires that safety information be provided in the official language(s) of each Member State where the product is sold. English alone is only acceptable in Ireland and Malta.
What if my product has no known safety issues?
Even if no issues are known, you must still prepare a documented risk assessment and demonstrate proactive compliance. Absence of injury is not proof of safety.
Where can I see examples of real recalls?
You can browse the official database of product recalls on the EU Safety Gate website.
Final Thought
GPSR compliance is more than just a formal requirement, it’s a legal and reputational safeguard. Whether you sell on Amazon, Etsy, Shopify, or through distributors, Regulation (EU) 2023/988 applies to you.
Non-compliance risks include product bans, fines, platform delistings, and damage to your brand’s credibility. Don't wait for enforcement to act. Get compliant now.
Official Resources
- Regulation (EU) 2023/988 – Full Text
- EU Safety Gate – Rapid Alert System
- Safety Business Gateway – Incident Portal
- Harmonised Standards – General Product Safety
- EU Labelling and Marking Requirements
- Digital Services Act – Platform Regulation
- Product Liability Directive 85/374/EEC