EU responsible person under GPSR: who needs one and who can be one

The rule in one sentence

Under Article 16(1) of the GPSR, a product “shall not be placed on the market unless there is an economic operator established in the Union” who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020 on market surveillance. The GPSR extends that older rule, which applied only to certain harmonised products, to general consumer products.

Who can be the responsible person

Article 4 of the Market Surveillance Regulation lists the economic operators that can take this role. They must be established in the EU:

What the responsible person does

The tasks come from Article 4(3) of Regulation 2019/1020, as extended by the GPSR. In short, the responsible person must:

• keep the technical documentation or declaration available for authorities, where the product rules require one;
• give authorities the information and documents they ask for, in a language they understand;
• inform authorities when they believe a product presents a risk;
• cooperate with authorities on corrective action, such as a recall or a warning to consumers;
• under the GPSR, also check regularly that products comply with the technical documentation and that the required identification and safety information is present.

The responsible person is a real legal role with liability. Do not list a company that has not agreed to it in writing.

Scenarios for Shopify stores

You are an EU business selling your own brand

You are normally the manufacturer and you are established in the EU, so you are the responsible person yourself. Show your own name and addresses as manufacturer. You do not need a separate representative.

You are an EU retailer selling other brands

If the brand is in the EU, it is the responsible person. If the brand is outside the EU and you import the goods yourself, you are the importer and therefore the responsible person. If you buy from an EU wholesaler, that wholesaler or the brand's importer usually holds the role. Ask your suppliers for the name and addresses and show them on the listing.

You are outside the EU selling directly to EU consumers

This is the case that most often needs action. When a UK, US or Chinese store ships directly to EU consumers, there is often no EU importer, because the consumer is technically the importer. In that situation you usually need to appoint an authorised representative in the EU, or use an EU fulfilment service provider that agrees to take on the role.

Dropshipping

Dropshipping does not remove the requirement. Someone in the EU must be responsible for each product. If your supplier ships from outside the EU directly to consumers, check who that is before you list the product.

What to show on the product page

If the manufacturer is established outside the EU, Article 19(b) requires the listing to show the responsible person's name, postal address and electronic address, in addition to the manufacturer's details. The responsible person's details must also be on the product, its packaging, the parcel or an accompanying document (Article 4(4) of Regulation 2019/1020).