EU Toy Safety Regulation 2026

Published on 2 January 2026 · Last updated 23 October 2026

Regulation (EU) 2025/2509 on the safety of toys replaces the Toy Safety Directive 2009/48/EC. It entered into force on 1 January 2026 and applies from 1 August 2030 (Article 59). It bans CMR substances, endocrine disruptors, intentionally used PFAS and ten listed bisphenols in toys, and requires a digital product passport before a toy is placed on the EU market.

This new framework aims to ensure a high level of protection for children while preserving the free circulation of toys in the internal market. It tightens the rules on chemicals, introduces a digital product passport for every toy, and clarifies the duties of manufacturers, importers, distributors and online platforms. This guide explains those changes in practical terms, with a focus on what they mean for businesses, lawyers and individual consumers.

The regulation was published in the Official Journal of the European Union on 12 December 2025 and entered into force on the twentieth day after publication, 1 January 2026. It applies from 1 August 2030. Only the rules on notified bodies (Articles 28 to 44) and on delegated powers, committee procedure, confidentiality and penalties (Articles 49 to 55) already apply from 1 January 2026 (Article 59).

Why is EU toy law being overhauled?

Until the new regulation applies, toys in the EU are governed by the Toy Safety Directive 2009/48/EC, which set safety requirements and was intended to ensure the free movement of toys across the EU.

Over time, however, the European Commission’s evaluation revealed “a number of deficiencies” in its practical application, particularly:

Shortcomings in ensuring a high level of protection against harmful chemicals in toys.
Ineffective enforcement, especially for online sales, with “many unsafe toys on the Union market” (Commission proposal COM(2023) 462).

The evaluation also showed that the directive, as a legal instrument, created additional problems:

Repeated amendments of the directive had to be transposed into national law by every Member State, which made the system slow and less effective.
As a measure of total harmonisation, the directive already prevented Member States from adding additional safety requirements. Moving to a regulation would therefore not fundamentally change the policy approach, but would simplify and unify it.

The European Parliament also pushed for reform. In its own-initiative report on the implementation of the directive, adopted on 16 February 2022, it called on the European Commission to strengthen protection of children from chemical risks, to ensure that risks posed by internet‑connected toys are addressed in EU law, and to improve enforcement, particularly in relation to online sales. All of this set the stage for the new Toy Safety Regulation.

Why a Toy Regulation instead of a Directive?

The new instrument is a regulation on the safety of toys, which aims both to harmonise health and safety requirements and to remove obstacles to the free movement of toys between EU Member States.

Because it is directly applicable in all Member States, it avoids divergent national transposition and makes it easier for manufacturers to work with a single set of EU rules instead of 27 different national laws. It also provides the legal basis for EU‑wide tools such as the digital product passport and harmonised customs controls.

In short, the EU has moved from a directive to a regulation in order to better deliver its objectives of protecting children’s health and facilitating the free movement of toys.

Which new chemical safety requirements apply?

Generic bans on the most harmful substances

One of the most significant changes introduced by the Toy Safety Regulation is the overhaul of chemical safety rules. Under the previous legal framework, toys were already subject to a general prohibition on substances that are carcinogenic, mutagenic or toxic for reproduction (CMR substances). However, the Toy Safety Directive did not fully address other substances of particular concern, such as endocrine disruptors or chemicals affecting the immune, nervous or respiratory systems.

The new regulation introduces broad, generic bans. The presence in toys of substances with a harmonised classification (Part 3 of Annex VI to the CLP Regulation (EC) No 1272/2008) in any of the following categories is prohibited: CMR category 1A, 1B or 2; endocrine disruption for human health category 1 or 2; specific target organ toxicity category 1 (single or repeated exposure); respiratory sensitisation category 1; and skin sensitisation category 1A (Annex II, Part III, point 4). Non-intended traces from impurities or the manufacturing process are permitted only if they are technically unavoidable under good manufacturing practice and the toy still meets the general safety requirement (point 7). Further exceptions apply to batteries, to fully inaccessible electronic components to substances listed with conditions in the Appendix, and to materials complying with a toy-specific restriction in Annex XVII to REACH (points 8 and 9).

The rationale is grounded in child health. According to the European Commission, chemicals affecting the endocrine system can cause adverse effects even at very low doses if exposure occurs during sensitive developmental stages, such as early childhood. Neurotoxic substances are particularly harmful to the developing brain, and the respiratory system of children is also more vulnerable to sensitisers and toxins. Accordingly, “children should also be adequately protected from allergenic substances and certain metals.”

In legal terms, this reflects a shift from a purely risk‑based to a more hazard‑based approach. Once a substance is recognised as belonging to one of these hazard classes, the regulatory default is prohibition in toys, rather than a case‑by‑case risk assessment for each specific use.

Which substances are banned or restricted?

Beyond these generic bans, the EU-institutions have agreed on specific restrictions for certain well‑known problematic chemicals.

The regulation prohibits the intentional use of per- and polyfluoroalkyl substances (PFAS) in toys and toy components (Annex II, Part III, point 5), and the presence of the ten bisphenols listed in Part D of the Appendix to Annex II (point 6). Bisphenols with a harmonised CMR or endocrine-disruptor classification are also caught by the generic ban. These bans do not apply to toy components necessary for electronic or electric functions where the substance is fully inaccessible to children, including by inhalation (point 9(c)). Toys may not have a biocidal function or be treated with biocidal products, except toys intended to be permanently placed outdoors under strict conditions (point 13). By way of derogation, preservatives that are allowed in leave-on cosmetics may be used, except preservatives that are not to be used for children under 3 or 10 years of age, or that are not allowed in products applied on mucous membranes or for which contact with the eyes should be avoided (point 14). For fragrance allergens, Part A, point 4, of the Appendix lists allergens that no toy may contain, and Part A, point 5, prohibits the allergens listed in Part B, point 1, in toys for children under 36 months and other toys intended to be placed in the mouth, in both cases unless the presence is technically unavoidable under good manufacturing practice and does not exceed 10 mg/kg.

Where EU chemicals law lays down its own PFAS restrictions under REACH (Regulation (EC) No 1907/2006) or the POPs Regulation (EU) 2019/1021, those restrictions take precedence over the toy-specific PFAS ban (Annex II, Part III, point 11).

For businesses, these changes will often require significant adjustments to product design and supply chains. Materials, coatings, inks and electronic components may need to be reformulated to eliminate banned substances or reduce them to acceptable trace levels. Suppliers’ formulations will have to be reassessed, and in some cases, certain product lines may no longer be viable if safe and feasible substitutes do not exist.

Which derogations exist and what is the role of ECHA?

The regulation allows some flexibility. By delegated act, the European Commission can permit a specific presence in toys of a substance that is prohibited under point 4, 5 or 6 of Annex II, Part III, by listing it in Part C of the Appendix (Article 49(6)). It does so on the basis of an opinion of the European Chemicals Agency (ECHA).

All of the following conditions must be met: ECHA has found the use safe, in view of the exposure, including “the overall exposure from other sources”, combined exposure and the vulnerability of children; ECHA has established that there are no suitable alternatives; and the substance is not prohibited for use in consumer articles under REACH (Annex II, Part III, point 10).

Requests for an assessment are submitted to ECHA in a format that ECHA must publish before 2 February 2027, together with technical and scientific guidance (Article 51). ECHA delivers its opinion within 12 months, which can be extended once by up to 6 months, and re-evaluates permitted uses at least every 5 years (Article 52(3)-(5)). Requests are made public, subject to justified confidentiality.

What does this mean for design, testing and supply chains?

The European Commission’s impact assessment, summarised in its 2023 proposal (COM(2023) 462), suggests that banning the most harmful substances will have both costs and benefits. These are estimates made before the legislative negotiations, not figures in the regulation itself.

On the benefit side, health gains from avoiding exposure to endocrine disruptors alone are estimated at between EUR 240 million and EUR 1.2 billion per year, taking into account long‑term effects that can span generations.

On the cost side, the assessment estimates that between 8.4% and 12.8% of toy models may be affected by generic bans where no derogation is possible. Around 4.6–7.2% of models may require redesign or chemical substitution, while 3.8–5.6% might no longer be made available if no suitable alternatives can be found. The corresponding one‑off redesign costs are estimated at between EUR 23.5 million and EUR 396.66 million, with testing costs per toy model expected to rise from about EUR 2,200 to EUR 3,900, adding around EUR 7.31 million to 11.70 million annually across the sector.

For lawyers and compliance teams, this chemical regime means that early substance mapping, supply‑chain due diligence and contract clauses on regulatory changes become central to risk management. For businesses, it may require strategic decisions on which product lines to prioritise, redesign or phase out.

What is the Digital Product Passport?

Alongside the chemical rules, one of the most visible innovations is the digital product passport (DPP). It replaces the EU declaration of conformity under the directive (recital 54): the passport itself states that compliance of the toy with the regulation has been demonstrated (Article 19(2)(b)). It is accessed through a data carrier on the toy or on an affixed label.

Before placing a toy on the EU market, the manufacturer must create a DPP (Article 19(1)). The passport corresponds to a specific toy model, states that compliance with the regulation has been demonstrated and contains at least the data in Part I of Annex VI. It must be accurate, complete and up to date and remain available for 10 years after the toy is placed on the market, including if the economic operator that created it becomes insolvent, is liquidated or ceases its activity in the Union (Article 19(2)). By creating the DPP, the manufacturer assumes responsibility for the toy’s compliance (Article 19(4)).

The DPP must be available in the languages required by the Member State where the toy is sold, and accessible to consumers, market surveillance and customs authorities, notified bodies, the Commission and other economic operators, in line with their access rights (Article 19(2)). The data carrier, for example a barcode or QR code, must be physically present on the toy or on an affixed label; only where the size or nature of the toy does not allow this may it be placed on the packaging or accompanying documentation. It must be visible before purchase, also in distance sales (Article 19(7)). The data must be based on open standards and be machine-readable, structured and searchable, and consumers may not be asked to register or enter a password (Article 20(2) and (4)).

The toy DPP is designed to fit into the wider EU architecture for sustainable products. Data carriers and unique identifiers must follow the standards of the Ecodesign for Sustainable Products Regulation (EU) 2024/1781 (Article 21), and the identifiers are uploaded to the digital registry set up under that regulation (Article 22). Where other EU law also requires a product passport for a toy, a single passport containing all the required data must be created (Article 19(9)).

For consumers, the DPP should make safety information easier to find. Access is free of charge and requires no registration or password (Article 20(3) and (4)), and the passport must display a link to the Safety Gate Portal where consumers can report toys that might be unsafe (Article 19(11)). In practice, a parent can scan the code in a shop and see the toy’s warnings and safety information.

Customs controls and the ‘Single Window’

The DPP also lies at the heart of a new approach to customs control. Before placing a toy on the market, the economic operator uploads the unique product identifier and unique operator identifier to the registry and receives a unique registration identifier (Article 22). Anyone who wants to place a toy under the customs procedure ‘release for free circulation’ must provide that unique registration identifier to customs (Article 23(2)).

Customs may release a toy for free circulation only after verifying that the unique registration identifier and the commodity code correspond to the data in the registry (Article 23(3)). This check runs electronically through the link between the registry and the EU Customs Single Window Certificates Exchange System (EU CSW-CERTEX), from the moment that link is operational or from 1 August 2030, whichever is later (Article 23(4)). Release is not proof of compliance. The Commission may, by delegated act, require additional information from Annex VI to be stored in the registry, taking into account its relevance for customs controls (Article 49(3)).

The system applies to toys sold online and offline alike. For operators, incomplete or inaccurate digital documentation will directly affect their ability to import toys into the EU.

Benefits and burdens for businesses

Digitalisation also brings additional costs. In its 2023 proposal, the European Commission estimated that establishing the DPP systems and creating passports will cost EU manufacturers around EUR 18 million in one‑off investments and about EUR 10.5 million per year thereafter.

However, it also expects significant savings: providing information digitally, rather than on paper, could save around EUR 2.62 million to 3.93 million per year, and a more streamlined approach to inspections could reduce industry’s compliance costs by EUR 13 million to 20 million annually.

For businesses, the practical message is clear. Those that invest early in reliable digital compliance systems – integrating DPP information into their existing enterprise resource planning (ERP) and product lifecycle management tools – are likely to see smoother customs processes, fewer disputes with authorities, and more efficient internal handling of safety documentation. Those that delay will find that compliance gaps are more visible than ever.

Which duties apply across the supply chain?

The new regulation confirms that all economic operators in the toy supply chain share responsibility for safety, though in different ways.

Manufacturers: safety assessment, documentation and labelling

Manufacturers remain the first line of compliance (Article 7). Toys must meet the general safety requirement: they may not present a risk to the safety or health of users or other persons when used as intended or in a foreseeable way, bearing in mind the behaviour of children (Article 5(2)). They must also meet the particular safety requirements in Annex II. For digitally connected toys, the safety assessment should also consider risks to mental health (recital 16).

Before placing a toy on the EU market, manufacturers must carry out and document a detailed safety assessment, covering chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to each. For chemicals, the assessment must consider exposure to individual substances and any known additional hazards arising from combined exposure to multiple chemicals present in the toy, considering the cumulative effects and obligations under the broader chemicals regime.

Manufacturers must then perform the appropriate conformity assessment procedure, such as internal production control when harmonised standards or common specifications are fully applied, or EU‑type examination by a notified body plus conformity to type where such standards or specifications do not exist, have not been applied or have been applied only in part, have been published with an applicable restriction, or where the manufacturer considers third-party verification necessary (Article 26(2) and (3)). They must create and maintain the DPP, affix the CE marking and data carrier, and ensure that toys bear identifying marks and the manufacturer’s name and contact details, including an electronic address. Instructions and safety information must be provided in languages easily understood in the Member States where the toy is sold.

Warnings play a crucial role. Where necessary for safe use, toys must bear warnings specifying user limitations: at least the minimum age of the user and, where appropriate, the required abilities, the maximum or minimum weight of the user and the need for adult supervision (Article 6(1)). Certain categories of toys – for example, toys not intended for children under three, activity toys, functional toys, chemical toys, skates and scooters, aquatic toys, toys in food, and toys strung across cradles – require specific warnings laid down in Annex III. These warnings cannot contradict the toy’s intended use. They must be clearly visible to the consumer before purchase, including in distance and online sales, and must be legible and understandable.

Manufacturers must keep technical documentation and the DPP for ten years after the toy is placed on the market, ensure that series production continues to conform even if designs or standards change, and investigate complaints and safety issues. They must maintain an internal register of complaints, recalls and other corrective measures, while keeping only the personal data that are necessary for these investigations and deleting them no later than five years after they were recorded. When they consider, or have reason to believe, that a toy is non‑compliant or presents a risk, they must promptly take corrective action, including withdrawal or recall if needed, and, if the toy presents a risk, immediately inform the market surveillance authorities through the Safety Business Gateway and inform consumers in accordance with Article 35 or 36 of the General Product Safety Regulation (Article 7(9)).

Which obligations does an authorised representative have?

A manufacturer may appoint an authorised representative by written mandate (Article 8(1)). For manufacturers outside the EU this is often the practical way to meet the EU establishment requirement described below.

The mandate cannot cover the manufacturer’s design obligations or the drawing up of the technical documentation (Article 8(2)). It must at least allow the representative to keep the technical documentation available and ensure that the DPP is available for 10 years, to provide information to authorities on request, to cooperate with them on measures to eliminate risks, and to report such measures through the Safety Business Gateway (Article 8(3)). Where a manufacturer outside the EU appoints an authorised representative, the mandate must include the tasks set out in Article 4(3) of the Market Surveillance Regulation (Article 8(4)). The representative must immediately inform the authorities if there is reason to believe a toy is non-compliant or presents a risk (Article 8(5)).

Which obligations does an importer have?

Importers, as the market operators who first place third‑country toys on the EU market, must ensure that only toys complying with the Toy Safety Regulation are placed on the market.

Before doing so, they must verify that the manufacturer has carried out the conformity assessment and drawn up the technical documentation, that instructions, safety information and warnings are available in the required languages, that the DPP has been created and its identifiers uploaded to the registry, and that the CE marking and data carrier are affixed (Article 9(2)). They must indicate their own name and postal and electronic address on the toy or, where that is not feasible, on the packaging, in an accompanying document or in the DPP (Article 9(4)). They must ensure that storage and transport do not jeopardise compliance, and for 10 years keep the unique product identifier available and ensure that the technical documentation can be provided to authorities (Article 9(5) and (8)).

Importers also have to investigate complaints, maintain relevant records and inform manufacturers, distributors and online marketplaces of any safety issues they identify.

Which obligations does a distributor have?

Distributors, who supply toys after they have been placed on the EU market, must act with due care in relation to the regulation’s requirements.

That includes checking that toys are accompanied by instructions and safety information in appropriate languages, that the data carrier and CE marking are in place, and that the manufacturer’s and importer’s obligations concerning identification and contact details have been fulfilled. They must ensure that the storage and transport conditions under their responsibility do not compromise safety and are required to take action, including withdrawal or recall and notification to authorities, if they consider that a toy they have made available is non‑compliant or presents a risk.

Any person who places a toy on the market under its own name or trademark, or substantially modifies a toy already on the market in a way that may affect compliance and makes it available, is treated as the manufacturer and takes on the manufacturer’s obligations under Article 7 (Article 12). A consumer who modifies his or her own toy does not become a manufacturer.

Which obligations apply to online marketplaces?

Finally, the Toy Safety Regulation recognises the central role of online marketplaces and fulfilment service providers in modern toy distribution.

Information referring to an offer of toys on an online marketplace that do not comply with the regulation is illegal content for the purposes of the Digital Services Act (DSA) (Article 14(1)). Providers of online marketplaces must design their interface so that sellers can display the CE marking, the warnings that must be visible before purchase, and the data carrier or weblink to the DPP (Article 14(3)). They must also comply with Articles 30 to 32 DSA and Article 22 of the General Product Safety Regulation (Article 14(2)).

Fulfilment service providers, who store, pack and ship products on behalf of traders, have their own duties: they must act with due care, ensure that warehousing and dispatch do not jeopardise compliance, cooperate in withdrawals and recalls, and, where they have reason to believe on the basis of information from authorities or economic operators that a toy is non-compliant, not support making it available until it has been brought into conformity (Article 11).

For these digital intermediaries, the regulatory message is clear: toy safety is not just an issue for manufacturers “somewhere else”. Platforms may need to redesign their listing flows, require sellers to provide DPP identifiers, and build processes for responding to alerts from market surveillance authorities via systems such as EU Safety Gate.

How is the regulation enforced?

The new Toy Safety Regulation does not operate in isolation. It is closely linked to the horizontal Market Surveillance Regulation and the General Product Safety Regulation.

Member States must organise their toy market surveillance in line with those rules, including the requirement in Article 4 of Regulation (EU) 2019/1020 that toys may be placed on the EU market only if an economic operator established in the EU is responsible for specified tasks (recital 77), such as providing documentation and cooperating with authorities.

When a market surveillance authority has sufficient reason to believe that a toy presents a risk to health or safety, it must carry out an evaluation covering all relevant requirements of the Toy Safety Regulation, in cooperation with the relevant economic operators. If the authority concludes that the toy is non‑compliant, it must require the operator to take appropriate corrective action within a reasonable period, in particular to bring the toy into conformity, to withdraw it or to recall it. If the operator does not take adequate corrective action within that period, the authority must take appropriate provisional measures, such as prohibiting or restricting the toy, withdrawing it from the market or ordering a recall, and must inform the European Commission and other Member States of the measure and the reasons for it, including whether the issue lies in the toy, in harmonised standards or in common specifications.

If other Member States or the European Commission object to a national measure, an EU safeguard procedure is triggered. The European Commission then consults with Member States and the relevant economic operator, and evaluates whether the national measure is justified. It adopts an implementing act deciding whether the measure should stand or be withdrawn. If the measure is justified, other Member States must take corresponding measures to ensure that the toy is withdrawn or recalled throughout the EU.

Experience under the Toy Safety Directive showed that some toys, though compliant with the particular safety requirements and harmonised standards at the time of placing on the market, nonetheless posed risks in practice. The new regulation requires authorities to evaluate a toy against all the requirements of the regulation (Article 45(1)), and empowers the European Commission to adopt implementing acts against toys or categories of toys that present a risk even though they comply with the particular safety requirements, where authorities’ approaches differ and the risk cannot be dealt with under the other procedures (Article 48(1)).

When does the Toy Safety Regulation apply and what are the transitional rules?

Because this is a major reform, the regulation provides for a long transition. It entered into force on 1 January 2026, but most of its rules apply only from 1 August 2030 (Article 59).

Key transitional rules include:

Toys placed on the market in conformity with Directive 2009/48/EC before 1 August 2030 may continue to be made available after that date; Member States may not impede this (Article 57(1)). The market surveillance rules of Chapter VIII of the regulation apply to those toys (Article 57(2)).
EC type-examination certificates issued under the directive remain valid until 1 February 2031, unless they expire earlier (Article 57(3)).

The period up to 1 August 2030 gives industry time to set up the DPP and substitute banned chemicals. The Commission must provide guidelines for SMEs on setting up and operating a DPP no later than 1 August 2029 (Article 24).

The European Commission must evaluate the regulation by 1 November 2033 and every 5 years thereafter, in particular its effectiveness in protecting children, its effect on the internal market (including online sales) and its efficiency and impact on competitiveness, including for SMEs (Article 58).

The Toy Safety Directive is repealed with effect from 1 August 2030 (Article 56).

What should businesses and other parties do now?

For businesses, such as manufacturing companies, the message is to start early. A structured internal project to map current substance use, testing practices, documentation and IT systems against the new requirements will pay off. Dialogue with suppliers about substitution and data transparency is critical. Investing in digital tools for creating, maintaining and sharing DPPs – ideally integrated into existing systems – will make the difference between smooth market access and friction at EU borders.

For legal professionals, the Toy Safety Regulation opens a broad field of advisory work and potential disputes. Clients will need help understanding and applying the new chemical bans, managing DPP obligations, allocating responsibilities in cross‑border supply chains and complying with overlapping frameworks such as the Market Surveillance Regulation, the General Product Safety Regulation and the Digital Services Act. Keeping track of delegated and implementing acts that refine annexes – for example, lists of substances, passport content or customs commodity codes – will be essential.

For individuals and parents, the Toy Safety Regulation should translate into safer toys and better information. Looking for CE marking, appropriate age warnings and, in future, scannable codes that lead to clear safety information will become part of responsible purchasing. It is wise to be especially cautious with very cheap imported toys and, when in doubt, to check whether such products or similar ones appear on EU recall lists or in EU Safety Gate. For second-hand toys, keep in mind that most obligations in the Toy Safety Regulation attach to placing a toy on the market, which is its first making available on the EU market (Article 3(2)). The General Product Safety Regulation expressly also covers used products (Article 2(3)), so some extra care is warranted.

What are the key changes in summary?

The new Toy Safety Regulation represents a major update to toy safety law and responds to concrete shortcomings identified over more than a decade of experience. It:

moves from a directive to a regulation to ensure uniform application across the EU;
introduces far‑reaching generic bans on the most harmful chemicals, including CMR substances, endocrine disruptors, respiratory and certain skin sensitisers and organ‑toxic substances, as well as specific bans or restrictions on PFAS, bisphenols, biocidal treatments, preservatives and fragrance allergens;
requires a digital product passport for every toy model, integrated with customs and market surveillance systems, making non‑compliant toys much harder to import and easier to trace; and
clarifies and strengthens obligations for all economic operators, including online marketplaces, in line with the broader EU digital and product‑safety framework.

For businesses, it demands strategic investment in safer design and digital compliance. For lawyers, it opens a further field of regulatory advice and litigation. For parents and individuals, it promises safer toys and better information, even in an increasingly digital marketplace.

Frequently asked questions about the EU Toy Safety Regulation

When does the EU Toy Safety Regulation apply?

Regulation (EU) 2025/2509 entered into force on 1 January 2026 and applies from 1 August 2030. The rules on notified bodies (Articles 28 to 44) and on delegated powers, committee procedure, confidentiality and penalties (Articles 49 to 55) already apply from 1 January 2026 (Article 59). Directive 2009/48/EC is repealed with effect from 1 August 2030 (Article 56).

Can toys that comply with the old Toy Safety Directive still be sold after 1 August 2030?

Yes, if they were placed on the market in conformity with Directive 2009/48/EC before 1 August 2030. Member States may not impede making those toys available (Article 57(1)). EC type-examination certificates issued under the directive remain valid until 1 February 2031, unless they expire earlier (Article 57(3)).

Are PFAS and bisphenols banned in toys?

The intentional use of PFAS in toys and toy components is prohibited, as is the presence of the ten bisphenols listed in Part D of the Appendix to Annex II (Annex II, Part III, points 5 and 6). Exceptions exist for technically unavoidable traces, batteries and fully inaccessible electronic components, and the Commission can permit specific uses after a positive ECHA opinion (points 7 to 10).

Who must create the digital product passport for a toy?

The manufacturer, before the toy is placed on the market (Articles 7(2) and 19(1)). The economic operator placing the toy on the market uploads its identifiers to the EU registry (Article 22). Importers must check that the passport exists and that the data have been uploaded (Article 9(2)), and customs need the unique registration identifier for release for free circulation (Article 23).

What must online marketplaces do under the Toy Safety Regulation?

Offers of non-compliant toys are illegal content under the Digital Services Act (Article 14(1)). Marketplace providers must design their interface so that sellers can show the CE marking, the warnings and the data carrier or weblink to the digital product passport (Article 14(3)), and they must comply with Articles 30 to 32 DSA and Article 22 of the General Product Safety Regulation (Article 14(2)).