What are the new EU Product Recall obligations under the General Product Safety Regulation?

Published on 1 November 2025 · Last updated 25 October 2026

Since 13 December 2024, the General Product Safety Regulation (EU) 2023/988 (GPSR) sets uniform recall rules for unsafe consumer products in the EU. A manufacturer, importer or distributor with reason to believe a product is dangerous must act immediately, notify the authorities through the Safety Business Gateway, inform affected consumers directly and, in principle, offer at least two free remedies (Articles 9, 11, 12 and 35-37 GPSR).

The GPSR replaced the General Product Safety Directive 2001/95/EC with effect from 13 December 2024 (Article 50 GPSR). The Regulation entered into force on 12 June 2023, has applied since 13 December 2024 (Article 52) and applies directly in all EU member states. Products placed on the market under the old Directive before 13 December 2024 may remain on the market (Article 51). The GPSR modernises the safety framework for non-food consumer products and adapts it to online sales. In the Netherlands, it is implemented through the Commodities Act (Warenwet) and a Commodities Act decree that entered into force on 13 December 2024 (Article 6 of the implementing decree). The Netherlands Food and Consumer Product Safety Authority (NVWA) supervises compliance.

Why is the EU introducing stricter recall rules?

Recall notices often fail to reach consumers or underestimate the risk. The GPSR therefore prescribes how consumers must be informed, what a recall notice must contain and which remedies must be offered (Articles 35-37).

The GPSR responds to three significant market changes. First, online sales and digital marketplaces such as Amazon have fundamentally transformed distribution channels. Additionally, new technologies like connected devices introduce specific safety risks for consumers. Moreover, international supply chains make product safety considerably more complex to guarantee.

This regulation harmonizes recall requirements across all EU member states. Previously, national procedures differed substantially, causing manufacturers to face divergent rules during cross-border recall actions. Now, the GPSR provides one consistent framework for product recalls throughout the European Union.

Which products fall under the GPSR recall obligation?

The GPSR applies to new, used, repaired and reconditioned products (Article 2(3) GPSR). Its recall rules also apply to products covered by specific EU harmonisation legislation (see below).

Excluded are, among others, medicinal products for human and veterinary use, food, feed, living plants and animals, genetically modified organisms, animal by-products, plant protection products, transport equipment operated by a service provider, certain aircraft and antiques (Article 2(2) GPSR). For these categories, specific sectoral rules apply. A recall of food is therefore not governed by the GPSR.

The GPSR functions as a safety net. Where specific EU legislation, such as the toy safety or machinery rules, covers the same risks, those rules take precedence (Article 2(1)). For products covered by EU harmonisation legislation, the general safety requirement (Chapter II) and the operator obligations in Chapter III, Section 1 do not apply, but the recall and remedy rules of Chapter VIII (Articles 35-37) do. Businesses should therefore first determine which framework applies before starting a recall.

How do you determine if your product is unsafe under the GPSR?

A product is safe when, under normal or reasonably foreseeable conditions of use, it presents no risk or only the minimum risks compatible with its use (Article 3(2) GPSR); a product that is not safe is dangerous (Article 3(3)). Manufacturers must carry out an internal risk analysis and draw up technical documentation (Article 9(2)).

The safety assessment under Article 6 GPSR takes into account, among other things, the effect of the product on other products, its presentation and labelling, the categories of consumers at risk (in particular children), the appearance of the product where it may attract children or resemble food, appropriate cybersecurity features and evolving or learning functionalities.

A product is presumed to meet the general safety requirement if it conforms to European standards whose references have been published in the Official Journal under Article 10(7) of Regulation (EU) No 1025/2012, or, in their absence, to national requirements of the member state where it is made available (Article 7(1) GPSR). Dutch manufacturers can use the NEN-EN versions of such European standards. Authorities can still take measures if a product proves dangerous despite this presumption (Article 7(3)).

Which market operators have recall obligations?

Manufacturers (Article 9 GPSR), importers (Article 11) and distributors (Article 12) each have their own obligations when a product is dangerous, including ensuring that corrective action, such as a withdrawal or recall, is taken. An importer or distributor that sells a product under its own name or trademark, or substantially modifies it, is treated as the manufacturer (Article 13).

Manufacturers must take immediate action as soon as they consider or have reason to believe they have placed a dangerous product on the market. This applies regardless of whether the product was produced in the Netherlands or another EU member state. Dutch manufacturing companies producing consumer products—from furniture to electronic devices—fall under this obligation.

Importers that have placed a dangerous product on the market must immediately inform the manufacturer, ensure that corrective measures are taken (and take them themselves where necessary), inform consumers and notify the market surveillance authorities through the Safety Business Gateway (Article 11(8) GPSR). Dutch importers of, for example, consumer electronics from Asia should therefore monitor product safety actively.

Distributors, such as wholesalers and retailers, that consider or have reason to believe that a product they made available is dangerous must immediately inform the manufacturer or importer, ensure that corrective measures, including a recall, are taken, and ensure that the market surveillance authorities are immediately informed through the Safety Business Gateway (Article 12(4) GPSR). This obligation does not depend on whether the manufacturer or importer acts first.

The GPSR also gives a role to online marketplaces. When they have actual knowledge of a recall, they must inform affected buyers directly, publish the recall on their interface and cooperate with it; they may not obstruct it (Article 22(12) GPSR). For every product, an economic operator established in the EU must be responsible for the tasks of Article 4(3) of the Market Surveillance Regulation (EU) 2019/1020 (Article 16 GPSR). Under Article 4 of that Regulation, this can be a manufacturer, importer, authorised representative or fulfilment service provider.

When must you start a product recall versus a product withdrawal procedure?

The GPSR defines a recall as a measure aimed at achieving the return of a product that has already been made available to the consumer (Article 3(25)), and a withdrawal as a measure aimed at preventing a product in the supply chain from being made available on the market (Article 3(26)). The manufacturer must take corrective measures, “including a withdrawal or recall, as appropriate” (Article 9(8)(a)).

During a product withdrawal, you take preventive measures to prevent the unsafe product from reaching consumers. You contact distributors, retailers and online marketplaces to stop further sales. This procedure is less complex than a full recall because direct consumer communication and remedies are not always necessary.

A product recall, on the other hand, requires active communication with end users. You must identify affected consumers, approach them directly with a recall notice, and offer free remedies. Dutch entrepreneurs who sell products via online marketplaces must cooperate with these platforms to reach consumers.

The GPSR requires market operators to act immediately once they identify a safety risk. For Dutch entrepreneurs, this means that doubt about product safety justifies direct action. Waiting until absolute certainty exists can lead to liability and regulatory sanctions from the NVWA.

How must you inform consumers during a recall action in the Netherlands?

Economic operators must notify all affected consumers they can identify directly and without undue delay, using the customer data they hold (Article 35(1) GPSR). Where not all consumers can be reached, they must disseminate a clear recall notice or safety warning through other appropriate channels, such as their website, social media, newsletters, shops and, where appropriate, mass media (Article 35(4)).

Article 36(2) GPSR sets out what a recall notice must contain. Its heading consists of the words “Product safety recall” (in the language of the member state). It includes a picture, name, brand and identification numbers of the product, and where, when and by whom it was sold. It describes the hazard without terms that reduce the perceived risk, such as “voluntary”, “precautionary” or “in rare situations”. It also states that consumers must stop using the product immediately, which remedies are available, and a free telephone number or online service.

Recall notices for products made available in the Netherlands must in any event be in Dutch (Article 3 of the Dutch implementing decree). Where products were sold in several member states, the notice must be available in the languages of those member states (Article 36(2)). The Commission is to adopt a template for recall notices by implementing act (Article 36(3)).

Effective communication combines multiple channels. Besides direct emails or letters to known customers, it is advisable to use your website, social media and relevant consumer platforms; where not all consumers can be reached directly, such channels are required (Article 35(4) GPSR). For products sold via Amazon or Bol.com, the platform must inform affected buyers directly once it has actual knowledge of the recall (Article 22(12)(a)).

Do you want certainty about your communication obligations during product recalls? Our specialized lawyers in Amsterdam analyze your specific situation and advise on the right strategy to comply with GPSR requirements.

What remedies must you offer consumers under the GPSR?

The economic operator responsible for the recall must offer the consumer a choice of at least two of these remedies: repair, replacement with a safe product of the same type and at least the same value and quality, or an adequate refund of at least the price paid (Article 37(2) GPSR). The remedy must be effective, free of charge and timely (Article 37(1)).

A repair must make the product safe; otherwise it is not an effective remedy within the meaning of Article 37(1). Manufacturers of complex technical products should therefore be able to show that their repair procedure removes the safety risk, for example with technical documentation and re-testing.

Replacement means exchanging the unsafe product for a safe product of the same type and at least the same value and quality (Article 37(2)(b)). If repair or replacement is not completed within a reasonable time, the consumer is always entitled to a refund (Article 37(2)).

The refund must cover at least the price the consumer actually paid (Article 37(2)(c)). Shipping costs may not be charged to the consumer, and products that cannot be carried by the consumer must be collected by the economic operator (Article 37(5)).

Offering only one remedy is allowed only where the other remedies are impossible or would be disproportionately costly (Article 37(2)). This exception should not be applied routinely: the economic operator should be able to show why offering two options is impossible or disproportionate.

What are your reporting obligations via the Safety Business Gateway?

Manufacturers, importers and distributors must ensure that the market surveillance authorities of all member states where a dangerous product was made available are informed immediately through the Safety Business Gateway, the business portal of the EU’s Safety Gate (Articles 9(8)(c), 11(8)(d) and 12(4)(c) GPSR). Accidents are reported by the manufacturer (Article 20).

Safety Gate is the EU rapid alert system between authorities (the Safety Gate Rapid Alert System, formerly RAPEX, Article 25 GPSR) and also a public portal. When authorities in one member state take measures against a dangerous product, authorities in other member states where it may have been sold are alerted. This prevents consumers in different EU countries from being exposed to the same risk.

The obligation applies as soon as you consider or have reason to believe that your product is dangerous (Article 9(8) GPSR). You do not need to wait for absolute certainty. This low threshold is meant to prevent businesses from postponing notifications until serious accidents have occurred.

Distributors must also ensure that the authorities are informed immediately through the Safety Business Gateway (Article 12(4)(c) GPSR), in addition to informing the manufacturer or importer. The parties can agree who submits the notification, but each remains responsible for ensuring that it is made.

Manufacturers must also report accidents caused by their product that resulted in death or serious adverse effects on health, without undue delay, through the Safety Business Gateway to the authority of the member state where the accident occurred (Article 20 GPSR). Importers and distributors that learn of such an accident inform the manufacturer, who may instruct them to make the notification (Article 20(3)).

What documentation obligations does the GPSR introduce under Dutch law?

Manufacturers must keep an internal register of complaints, recalls and other corrective measures (Article 9(12) GPSR); importers have a comparable register obligation (Article 11(10)). This supports traceability and supervision by authorities such as the NVWA.

The GPSR does not prescribe a fixed list of contents for this register. In practice, it is useful to record the affected product and batch, the risk identified, the distribution channels, the corrective measures taken and the communication with consumers and authorities, so that you can answer questions from inspectors quickly.

Manufacturers must also draw up technical documentation, which includes the internal risk analysis, and keep it up to date (Article 9(2) GPSR). They must keep it available for ten years after the product has been placed on the market (Article 9(3)); importers keep a copy available for the same period (Article 11(6)).

The risk analysis forms the core of GPSR documentation. Here, the manufacturer describes how the product was designed to be safe, which foreseeable risks were identified, and which measures were taken to eliminate or minimize these risks. For Dutch manufacturing companies, this means a systematic approach in which design choices, material specifications and usage instructions are documented.

When keeping the register, businesses must also comply with data protection law. Only personal data necessary for investigating complaints about allegedly dangerous products may be kept, and for no longer than five years (Article 9(13) GPSR).

How does the GPSR change the role of online marketplaces in the Netherlands?

Online marketplace providers must register in the Safety Gate portal, designate a single point of contact for authorities and consumers, and have internal processes for product safety (Article 22(1)-(3) GPSR). In a recall of which they have actual knowledge, they must inform affected buyers directly and publish the recall (Article 22(12)(a)).

Online marketplaces such as Bol.com and Amazon are not merely neutral intermediaries. They must comply with an order from an authority to remove dangerous product offers within two working days (Article 22(4) GPSR) and handle notices about product safety within three working days (Article 22(8)). Proactive detection of dangerous products is based on voluntary measures (Article 22(6)). Traders that frequently offer non-compliant products must be suspended (Article 22(11)).

Marketplaces must cooperate with recalls and may not obstruct them (Article 22(12)(c)). Where they hold contact details of buyers, those can be used to reach the consumers affected by a recall.

Sellers offering products online, including via international marketplaces, must state in each offer the manufacturer’s details, where the manufacturer is not established in the EU the details of the responsible person in the EU, a picture and identification of the product and any warnings or safety information (Article 19 GPSR).

Contact our law firm in Amsterdam for personal legal advice about your specific obligations as an online seller or marketplace provider under the GPSR.

What sanctions do you risk for non-compliance in the Netherlands?

The GPSR does not set penalty amounts; member states lay down the penalties (Article 44 GPSR). In the Netherlands, sanctions already apply: since 13 December 2024, breaching key GPSR provisions, including Articles 9, 11, 12, 20, 35, 36 and 37, is prohibited under Article 2 of the Dutch implementing decree, which is enforced under the Commodities Act.

Dutch businesses can face several sanctions. The authority can impose an administrative fine per violation of up to the sixth category of Article 23(4) of the Dutch Criminal Code (Article 32a Commodities Act); the amount follows from an annex and can depend on the number of employees, culpability and turnover (Article 32b). Under the Commodities Act Administrative Fines Decree, a violation of Article 2(1) of the implementing decree carries a fine of €525 for businesses with 50 or fewer employees and €1,050 for larger ones, and a turnover-related fine is possible for businesses with a turnover of at least €10 million (Articles 2-3 and Annex B-1, version in force on 25 October 2026). The authority can also impose an order under administrative enforcement (Article 32) or an order subject to a penalty payment (Article 5:32 General Administrative Law Act). If a business fails to take appropriate measures itself, the Minister can order it to withdraw or recall a dangerous product; failing to comply with that order is a criminal offence (Article 32h).

Reputational damage often constitutes a heavier sanction than formal fines. Recall actions are published on Safety Gate, giving consumers, competitors and media access to information about unsafe products. Dutch entrepreneurs who handle recalls poorly lose customer loyalty and see their brand reputation damaged.

For online sellers, product blocking threatens when they do not comply with GPSR requirements. Marketplaces such as Amazon often maintain stricter requirements than legal minimum standards and can suspend accounts for repeated safety problems. This can completely paralyze your digital sales channel.

Civil liability is an additional risk. Under Dutch law, a producer is liable for damage caused by a defect in its product, subject to statutory defences (Article 6:185 Dutch Civil Code). A product is defective if it does not provide the safety one is entitled to expect, taking into account all circumstances (Article 6:186). Breaches of GPSR obligations can be relevant evidence in such claims.

How do you prepare your organization for GPSR compliance in the Netherlands?

Establish a detailed event log in which you register all important actions and decisions with timestamps, collect extensive factual information about product irregularities, and engage legal advisors timely to ensure attorney-client privilege. These preparations are crucial for effective recall management.

Dutch businesses must first determine their role in the supply chain. You can be a manufacturer for one product and a distributor for another. Check per product category which obligations apply to your organisation.

Develop a recall protocol before a crisis occurs. This protocol defines who within your organization is responsible for which steps, how you quickly collect relevant product information, which communication channels you use for different stakeholders, and how you cooperate with distributors and online marketplaces. A prepared protocol significantly shortens reaction times when speed is crucial.

Invest in product traceability. For certain products that may present a serious risk, the Commission can require additional traceability systems (Article 18 GPSR). Products must also bear a type, batch or serial number (Article 9(5)), which makes it easier to identify affected units in a recall.

Check your insurance coverage. Product recalls can involve considerable costs for communication, logistics, remedies and possible claims. Many insurers maintain strict reporting deadlines—inform your insurer immediately when you identify a potential safety problem. Assess whether your current policy provides sufficient coverage under the expanded GPSR obligations.

What does the GPSR mean concretely for Dutch SME companies?

The recall, notification and remedy obligations described above are not limited to larger businesses. Dutch SMEs that manufacture, import or distribute consumer products should assume they apply in full. For smaller organisations, this can mean a relatively heavier administrative burden.

A concrete example illustrates the practice: A Dutch furniture maker in Amsterdam produces wooden children’s chairs. Under the GPSR, this entrepreneur must conduct an internal risk analysis in which he assesses whether the chair is safe for young children. He documents design choices such as rounded corners, used materials like lead-free paint, and stability to prevent tipping over. He preserves this technical documentation for ten years.

When this furniture maker discovers that a production batch has a construction flaw that makes the chairs unstable, he must act immediately. He notifies the authorities through the Safety Business Gateway, contacts all customers who bought chairs from the affected batch, and offers them at least two remedies, for example repair or replacement. He records the complaints and corrective measures in his internal register.

For SMEs, the GPSR is a considerable compliance challenge. Systematic preparation, for example using available guidance from the authorities, makes compliance feasible and also reduces the risk of liability claims and reputational damage.

Industry associations may offer sector-specific guidance and checklists. Use such resources to bring your processes in line with the GPSR step by step.

The GPSR represents a fundamental shift in European product supervision whereby digital reality and consumer protection are central. Dutch entrepreneurs who invest in safety processes, transparent communication and effective traceability position themselves as both compliant and reliable market parties in an increasingly regulated commercial environment.

Frequently asked questions about EU product recall obligations under the GPSR

What are the new EU product recall rules under the GPSR?

Since 13 December 2024, the General Product Safety Regulation (EU) 2023/988 requires manufacturers, importers and distributors of a dangerous product to take corrective action, such as a recall, immediately, to notify the authorities through the Safety Business Gateway and to inform consumers directly (Articles 9(8), 11(8) and 12(4) GPSR). Recall notices and remedies are regulated in Articles 35-37.

Who must carry out a product recall: the manufacturer, importer or distributor?

All three have obligations. The manufacturer must take corrective measures, including a recall where appropriate (Article 9(8)). The importer must ensure that corrective measures are taken and take them itself where necessary (Article 11(8)). The distributor must ensure that corrective measures, including a recall, are taken (Article 12(4)).

Where can I find EU product safety recall news?

The European Commission’s Safety Gate is the EU rapid alert system for dangerous non-food products and also a public portal where alerts can be consulted. Businesses do not notify through the public portal but through the Safety Business Gateway (Article 9(8)(c) GPSR).

Does the GPSR apply to food recalls?

No. Food and feed are excluded from the GPSR (Article 2(2) GPSR); food recalls follow the specific food safety rules. The GPSR covers non-food consumer products.

What remedies must a business offer consumers in a recall?

At least two of: repair, replacement with a safe product of the same type and at least the same value and quality, or a refund of at least the price paid (Article 37(2) GPSR). The remedy must be effective, free of charge and timely; one remedy is enough only if the others are impossible or disproportionately costly.