The General Product Safety Regulation (GPSR) introduces harmonized recall obligations for unsafe consumer products across the EU from December 13, 2024. Manufacturers, importers and distributors must directly inform affected consumers, offer at least two free remedies (repair, replacement or refund), and report recall actions to competent authorities via Safety Gate.
The GPSR replaces European Product Safety Directive 2001/95/EC and applies directly in all EU member states. This regulation modernizes the product safety framework for non-food consumer products and adapts legislation to digital commerce realities. Dutch entrepreneurs who manufacture, import or distribute consumer products must comply with stricter recall and information obligations from December 2024. The Netherlands Food and Consumer Product Safety Authority (NVWA) supervises compliance with this European legislation in the Netherlands.
Why is the EU introducing stricter recall rules?
The EU has established that one in three consumers continues using dangerous products despite recall notices, often because these notices are too complex or underestimate the risk. This demonstrates the necessity for clearer communication and more effective recall procedures within the European market.
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 all new, used, repaired or refurbished consumer products offered on the EU market, regardless of whether they are made available free of charge or for payment. This includes physical products, software updates and digital products intended for consumers.
Important excluded product categories are medicinal products for humans and animals, food and feed, live plants and animals, plant protection products, transport equipment operated by service providers, and antique items. For these excluded categories, specific sectoral regulations apply with their own recall requirements.
The GPSR functions as safety net legislation. When specific European legislation regulates product safety—for example the Toys Directive or the Machinery Directive—those specific rules take precedence. However, for aspects not covered by sectoral legislation, the GPSR remains applicable. Dutch entrepreneurs must therefore first determine which regulatory framework applies before initiating a recall action.
How do you determine if your product is unsafe according to Dutch legislation?
A product is considered safe when it poses no or only minimal risks to consumer health and safety during normal or reasonably foreseeable use. Manufacturers must conduct an internal risk analysis evaluating product design, technical characteristics, composition, labeling and intended consumer use.
The GPSR introduces new assessment criteria for product safety. Besides traditional aspects like physical properties and chemical composition, entrepreneurs must now also evaluate cybersecurity characteristics. Additionally, the product’s appearance—for instance when shape and color encourage children toward incorrect use—and interaction with other products play a role in safety assessment.
Products are presumed safe when they comply with relevant European standards or, in their absence, with national health and safety requirements of the member state where the product becomes available. Dutch manufacturers can rely on NEN standards that align with European standards to obtain these compliance presumptions. However, even when conforming to standards, the manufacturer remains responsible for the product’s actual safety.
Which market operators have recall obligations?
The GPSR designates three categories of market operators obliged to execute recall actions: manufacturers who design and produce products, importers who bring products from third countries into the EU, and distributors who make products available in the supply chain. These three parties bear direct responsibility for executing product recalls.
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 have comparable obligations when they suspect an imported product is dangerous. They must inform the manufacturer and consumers and take corrective measures, including recall. Dutch importers who for example import consumer electronics from Asia must proactively monitor product safety.
Distributors—such as wholesalers and retailers—must inform the manufacturer and importer about dangerous products they have placed on the market. Although their primary role is informing, they can also be obliged to recall actions when the manufacturer or importer does not respond adequately.
New in the GPSR is the explicit role of fulfillment service providers and online marketplace providers. Although they are not directly obliged to execute recalls, they do have supporting obligations such as facilitating consumer identification and blocking unsafe product offers.
When must you start a product recall versus a product withdrawal procedure?
A product recall is required when the unsafe product has already reached consumers, while a product withdrawal applies when the product has left your business premises but has not yet reached end users. This distinction determines the required communication strategy and cost implications.
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?
Market operators must approach affected consumers without undue delay directly via customer data or, when that is not possible, via safety warnings or recall notices through suitable channels such as social media. This information obligation applies in all EU member states where the product has been made available.
The GPSR specifies precisely which information a recall notice must contain to be comprehensible and effective. First, the notice must clearly identify the product with photos, type numbers and other characteristics. Subsequently, the safety risk must be explicitly named without concealing or minimizing the danger. Additionally, the offered remedies—repair, replacement or refund—must be clearly explained.
Dutch entrepreneurs must prepare recall notices in Dutch for products offered on the Dutch market. When your products have been sold in multiple EU countries, the GPSR requires multilingual notices in the languages of all affected member states. The European Commission provides a standard template that entrepreneurs can use to ensure all mandatory elements are included.
Effective communication combines multiple channels. Besides direct emails or letters to known customers, manufacturers and distributors must use social media, their website and relevant consumer platforms. For products sold via Amazon or Bol.com, these platforms must be actively involved in reaching buyers.
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 Dutch law?
Market operators must offer consumers the choice between at least two of the following options: repair of the recalled product, replacement with a safe product of the same type, or adequate refund of the product value. These remedies must be offered effectively, free of charge and timely.
The repair option is only permitted when the safety of the repaired product can be guaranteed. Dutch manufacturers producing complex technical products must be able to demonstrate that their repair procedure completely eliminates the safety risk. This requires technical documentation and possibly retesting of the repaired product.
Replacement means you exchange the unsafe product for a safe alternative with identical value and quality. For seasonal products or products no longer in production, replacement by a comparable alternative may suffice. However, consumers retain the right to choose refund when replacement does not occur within a reasonable timeframe.
The refund option must cover at least the purchase amount paid by the consumer. For products sold via promotions or discounts, the full purchase amount remains the minimum refund. Dutch entrepreneurs cannot demand that consumers provide proof of purchase when they can demonstrate through other means—such as registration in customer databases—that the consumer purchased the product.
The GPSR recognizes that some remedies may be impossible or disproportionate. For example, when repair is technically unfeasible and the product is no longer manufactured, offering refund as the only option suffices. However, this exception may not be applied routinely—entrepreneurs must demonstrate that offering two options is genuinely impossible or disproportionate.
What are your reporting obligations via Safety Gate in the Netherlands?
Manufacturers and importers must immediately report dangerous products and accidents caused by their products via Safety Gate, the European rapid alert system for dangerous non-food products. This notification proceeds via the Safety Business Gateway, the business portal of Safety Gate.
Safety Gate—formerly known as RAPEX—functions as the central communication platform between market surveillance authorities in all EU member states. When a Dutch manufacturer reports a dangerous product via Safety Gate, supervisors in other member states where the product may have been sold receive this information directly. This prevents consumers in different EU countries from being exposed to the same risk.
The reporting obligation applies as soon as you consider or have reason to believe your product is dangerous. Dutch entrepreneurs need not wait until absolute certainty exists—a reasonable suspicion of danger suffices. This low threshold encourages proactive action and prevents entrepreneurs from postponing notifications until serious accidents have occurred.
Distributors have no direct reporting obligation via Safety Gate, but must inform the manufacturer and importer when they identify dangerous products. This internal notification must occur immediately so the responsible manufacturer or importer can submit the official Safety Gate notification.
Additionally, the GPSR obliges entrepreneurs to report accidents caused by their products to the competent authorities of the member state where the accident occurred. For Dutch entrepreneurs, this means accidents on Dutch territory must be reported to the NVWA. This accident notification also proceeds via Safety Gate.
What documentation obligations does the GPSR introduce under Dutch law?
Manufacturers and importers must maintain an internal register of product recalls and other safety measures. This registration obligation supports traceability and supervision by authorities such as the NVWA.
The internal register must contain at least the following elements: identification of the affected product with type number and production period, description of the identified safety risk, overview of affected consumers and distribution channels, corrective measures taken including recall details, and communication to consumers and authorities. Dutch entrepreneurs must keep this register accessible for inspectors from market surveillance authorities.
Besides the recall register, the GPSR requires manufacturers to prepare and update technical documentation. This documentation contains a general product description with photos, essential characteristics relevant to safety assessment, and the conducted internal risk analysis. Manufacturers must preserve this technical documentation for ten years after placing the product on the market.
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 maintaining registers and documentation, entrepreneurs must consider privacy legislation. The GDPR sets limits on collecting and storing personal data. Manufacturers may only process those personal data necessary to investigate the allegedly dangerous product and inform affected consumers.
How does the GPSR change the role of online marketplaces in the Netherlands?
Online marketplace providers must register at the Safety Gate portal, implement internal procedures for product safety, and ensure they can identify affected consumers and inform them immediately during recall actions. These obligations recognize the crucial role of digital platforms in modern distribution channels.
Online marketplaces such as Bol.com and Amazon no longer function merely as neutral intermediaries. The GPSR obliges these platforms to actively monitor product safety and block unsafe products. When a manufacturer or authority identifies a product as unsafe, the platform must immediately remove this product from its offering and prevent further sales.
An essential obligation concerns consumer identification. Online marketplaces must use personal data of buyers for recall actions and safety warnings. This means platforms cannot suffice with anonymous transaction processing—they must preserve contact details and make them accessible for legitimate product recalls.
Dutch entrepreneurs who sell via international marketplaces must clearly state in their sales terms how they handle product safety and recalls. The platform has the obligation to make this information accessible to consumers before they complete a purchase. This transparency helps consumers make informed choices and promotes trust in online commerce.
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?
Although the GPSR itself does not specify penalty amounts, national market surveillance authorities enforce the regulation via national legislation. In the Netherlands, the Product Safety Act will be amended to include sanctions for GPSR violations.
Dutch entrepreneurs can face various sanctions for non-compliance. First, the NVWA can impose administrative fines whose amount depends on the seriousness of the violation and the size of the company. Additionally, supervisors can impose penalty payments when you do not comply timely with recall obligations.
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 constitutes an additional risk. Consumers who suffer damage from unsafe products can claim compensation based on product liability. The GPSR strengthens the position of consumers by formulating clear safety obligations from which deviation can establish liability.
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 entrepreneurs must first determine their role in the supply chain. You can simultaneously be manufacturer and distributor for different products. Check per product category which specific obligations rest on your organization. The NVWA offers online tools through which you can determine your exact role and associated obligations via several questions.
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 systems. The GPSR can introduce additional traceability requirements for certain product categories when these products pose serious risks. Dutch manufacturers who already implement robust tracking systems—for example via batch numbers and digital registration—can respond more flexibly to future regulation.
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 GPSR knows no exception for small businesses—Dutch SME entrepreneurs who manufacture or import consumer products must fully comply with all obligations, regardless of their company size. This can proportionally mean a greater administrative burden for smaller organizations.
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 of chairs contains a construction flaw making them less stable than intended, he must act immediately. He reports the safety problem via Safety Gate to the NVWA, contacts all customers who purchased chairs from the affected batch, and offers them repair or replacement. He documents this entire process—from identification to remedy—in his internal register.
For SME companies, the GPSR constitutes a considerable compliance challenge. However, systematic preparation and use of available tools—such as NVWA guidelines and European templates—make compliance feasible. Moreover, these investments in product safety protect your company against liability claims and reputational damage.
Dutch industry organizations such as MKB-Nederland and VNO-NCW offer sector-specific support with GPSR implementation. They develop practical guides and checklists that SME companies can use to make their processes GPSR-proof. Use these resources to have your organization comply step by step with the new European requirements.
The GPSR represents a fundamental shift in European product supervision whereby digital reality and consumer protection are central. Dutch entrepreneurs who proactively invest in safety processes, transparent communication and effective traceability position themselves not only as compliant, but also as reliable market parties in an increasingly regulated commercial environment.
