Starting in 2024, we have been flooded with questions from Amazon sellers struggling to understand what they must do to meet the requirements under the General Product Safety Regulation (GPSR). In this guide, we explain how and why Amazon verifies GPSR compliance, and what you can do to avoid costly product removals. This guide is relevant both to Amazon sellers based inside the EU, as well as those in other countries.
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Are Amazon sellers required to comply with the GPSR?
Yes, if you are selling products on Amazon to consumers in the European Union or Northern Ireland, then you must comply with the General Product Safety Regulation.
Which products sold on Amazon must comply with the GPSR?
Generally speaking, the GPSR provisions apply to products not covered by other product specific regulations.
For example, toys and electronics are already subject to product specific and directives.
The GPSR can also cover compliance aspects not covered by other regulations or directives. This may sound abstract, but what it really means is that product safety aspects, labelling and documentation requirements not covered by other regulations or directives do apply, if these exist in the GPSR.
Below follows an example of how the GPSR impacts different products.
| Product | GPSR impact | Other requirements |
| Toys | Limited (most requirements are already covered by the TSD) | Toy Safety Directive |
| Children’s furniture | Must comply with all GPSR requirements (as there are no other product specific regulations or directives) | |
| Textiles | Must comply with GPSR requirements that are not already part of the EU Textiles Labelling Regulation) | EU Textiles Labelling Regulation |
How can Amazon sellers comply with the GPSR?
The first step is to understand the requirements under the GPSR and assess which of these your product already complies with, and which you must take action on.
Here are some of the steps that may need to be taken:
1. Identify relevant product safety standards
2. Arrange safety testing according to product standards
3. Ensure that your product is correctly labelled
- Product information
- Manufacturer information
- Importer information (if any)
- Warnings and safety instructions (if applicable)
- Age group indication (if applicable)
4. Create technical documentation
5. Sign up with an authorised representative (if you sell B2C from outside then EU)
As mentioned, it’s possible that you already comply with most provisions of the GPSR and only need to comply with certain parts.
Why does Amazon enforce GPSR compliance?
The General Product Safety Regulation (GPSR) mandates that online marketplaces, which includes Amazon, monitor product compliance. The following is written in Article 22:
(3) Providers of online marketplaces shall ensure that they have internal processes for product safety in place in order to comply without undue delay with the relevant requirements of this Regulation.
Amazon is therefore obliged to check if products sold by third-party sellers are compliant with the GPSR.
In addition, article 19 of the GPSR states that certain information must be presented in online stores:
Article 19: Obligations of economic operators in the case of distance sales
Where economic operators make products available on the market online or through other means of distance sales, the offer of those products shall clearly and visibly indicate at least the following information:
(a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted;
(b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020;
Note: Non-EU sellers must normally specify the Authorised representative.
(c) information allowing the identification of the product, including a picture of it, its type and any other product identifier; and
(d) any warning or safety information to be affixed to the product or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the product is made available on the market.
How does Amazon verify GPSR compliance?
Here are some ways we have noticed Amazon enforce compliance with the GPSR so far:
1. Require sellers to declare if warnings or safety instructions are necessary for their products
2. If yes, the seller must submit their written warnings or safety instructions for that particular product
3. Require non-EU sellers to sign up with an EU authorised representative
4. Submit information about the manufacturer
5. Request and verify test reports and label files
This is done both to comply with the requirements forcing Amazon, as an online marketplace, to verify product compliance with the GSPR, and to ensure that the information required in Article 19 is presented online.
Keep in mind that this enforcement is not temporary. Amazon is required to monitor and check compliance permanently, and it should therefore be expected that these checks will remain in place.
Warnings and safety instructions
The GPSR states in clear terms that products must be accompanied by warnings and safety instructions – if this is needed to use the product in a safe way. As a result, Amazon requires sellers to submit their warnings and safety instructions.
Authorised representatives
Another aspect of the GPSR is that non-EU companies selling directly to consumers in the EU must sign up with an EU based authorised representative. As a result, Amazon has extended this requirement to all non-EU sellers that sell to the EU.
These are just two examples of provisions of the GPSR that have impacted Amazon sellers.
Test reports
Amazon can also request test reports to verify compliance with applicable safety standards.
Label files
Amazon can also request label files or label photocopies to check if your product is labelled according to the provisions of the GPSR.
What can Amazon do if we don’t comply with the GPSR?
Amazon is obliged to remove products that don’t comply with the GPSR, which is also exactly what they do when sellers fail to provide the required information.
Do Amazon require authorised representatives?
Yes, if you are located outside the EU, but sell directly to consumers in the EU, then you are likely required to sign up with an EU based authorised representative.
As such, Amazon sellers in the US, UK and China must have an EU based authorised representative if they want to continue selling their products on Amazon to the EU.
Another option is to set up an entity within the European Union, as EU based importers are classified as the responsible person.
Do UK companies need to comply with the GPSR?
Yes, UK based Amazon sellers must comply with the GPSR if they sell to consumers in the EU or Northern Ireland.
Many of our UK based customers have reported that Amazon has requested GPSR compliance information even if they do not sell to the EU. Our understanding is that this is due to Northern Ireland being aligned with EU rules, including the GPSR.
It is not clear to us if UK based Amazon sellers can opt out of selling to Northern Ireland, and thus only make their products available in England, Scotland, and Wales. If this is not possible, then the possible implication is that all UK sellers must comply with the GPSR.
Do US, Chinese, and other non-EU Amazon sellers need to comply with the GPSR?
Yes, the GPSR applies to companies inside the EU as well as companies outside the EU. However, compliance with the GPSR is only relevant if you sell to the European Union and Northern Ireland.
