GPSR in Poland: Product Compliance for Importers and Online Sellers

The General Product Safety Regulation (GPSR) is Regulation (EU) 2023/988, which establishes horizontal product-safety rules for consumer products placed on the EU market. It has applied directly in Poland since 13 December 2024. The Regulation affects manufacturers, importers, distributors, fulfilment service providers and online marketplaces, particularly where products are sold to Polish consumers through e-commerce channels.[1]

For international businesses, GPSR compliance Poland is not limited to preparing labels or responding to an inspection. It requires a documented product-safety process covering product design, technical documentation, supply-chain controls, online listings, incident reporting and corrective actions. A failure may result in sales restrictions, mandatory recalls, public warnings, administrative fines and reputational harm.

Lawyersinpoland.com by Kopeć & Zaborowski supports businesses in assessing regulatory exposure, preparing response strategies and managing disputes arising from product-safety obligations in Poland.

 

When does the GPSR apply in Poland?

The GPSR applies to products intended for consumers or reasonably likely to be used by consumers, including products supplied free of charge. It is relevant to traditional retail, online sales, marketplaces and distance selling from outside the European Union.

The Regulation supplements sector-specific EU rules. Where a product is subject to harmonised EU legislation, such as rules concerning toys, machinery, cosmetics, medical devices or electrical equipment, the GPSR may still apply to safety risks not covered by those specific rules. The precise assessment depends on the product category, its intended use and applicable sectoral legislation.[1]

Three frequently relevant statutory exclusions are described in Article 2 of the GPSR as follows:

• “medicinal products for human or veterinary use”;
• “food”;
• “feed”.

Article 2 contains further exclusions, including certain antiques, plant protection products and transport-related equipment. Therefore, businesses should not assume that a product falls outside the GPSR merely because another legal regime applies.

 

General product safety regulation importer obligations

An importer is an EU-established natural or legal person that places on the EU market a product originating from a non-EU country. Importers are not passive intermediaries. Before placing a product on the market, they must verify that the manufacturer has complied with the applicable requirements, including the preparation of technical documentation and product identification measures.[1]

Under Article 11 of the GPSR, an importer must ensure, among other matters, that:

• the product is safe and carries appropriate identification, such as a type, batch, serial or other element enabling identification;
• the manufacturer’s name, postal address and electronic address are provided on the product, its packaging or accompanying documentation;
• the importer’s own name, postal address and electronic address are displayed in the same manner;
• instructions and safety information are available in a language easily understood by consumers in Poland;
• storage and transport conditions do not compromise product safety; and
• the technical documentation can be provided to market-surveillance authorities for ten years.

In practical terms, importers should contractually require suppliers to provide complete product files, test reports, risk assessments, traceability data and prompt notice of safety incidents. A supplier declaration alone will rarely be sufficient where the product creates an evident safety risk or lacks reliable documentation.

 

Responsible person EU product Poland requirements

Article 16 of the GPSR requires that products covered by the Regulation are not placed on the EU market unless there is an economic operator established in the Union responsible for specified compliance tasks. For non-EU manufacturers, this responsible operator may be an EU-based importer, an authorised representative appointed in writing, or, in certain circumstances, a fulfilment service provider.

The responsible person EU product Poland requirement is especially important for foreign businesses selling directly to Polish consumers. The EU economic operator must be identifiable and able to cooperate with authorities. Its contact details must be shown on the product, packaging or accompanying document, as appropriate.

Using a nominal address without access to product documentation or decision-making processes creates material risk. The responsible operator must be able to provide information to authorities and take corrective action where required.

 

Technical documentation product safety EU

Technical documentation product safety EU requirements are central to GPSR compliance. Article 9 requires manufacturers to draw up technical documentation containing the information necessary to demonstrate that a product is safe. The file must include at least a general description of the product and an analysis of possible risks and the solutions adopted to address them.[1]

The scope of documentation depends on the product. It may include product specifications, bills of materials, laboratory tests, applicable standards, warnings, quality-control records, supplier information, complaint data and risk assessments. Documentation should reflect the actual product sold in Poland, rather than a generic file prepared for a different market version.

Technical documentation is not normally submitted in advance to Polish authorities. However, it must be available without delay if requested. Missing, inconsistent or outdated records can make it difficult to defend a product’s safety and can increase the likelihood of restrictive measures.

 

Online marketplace product safety duties

Online sales create additional obligations. Under Article 19 of the GPSR, distance-sale offers must clearly display product identification information, the manufacturer’s contact details, and, where the manufacturer is outside the EU, the contact details of the responsible EU economic operator. The offer must also provide warnings and safety information relevant to the product.

Online marketplace product safety duties are set out primarily in Article 22 of the GPSR. Providers of online marketplaces must establish points of contact for authorities and consumers, register on the Safety Gate Portal, process product-safety notices and cooperate with market-surveillance authorities. They must act promptly on orders to remove, disable access to or display warnings concerning dangerous products.

For sellers, this means that inaccurate product listings can create separate compliance exposure even where the physical product is properly labelled. Product pages, marketplace descriptions, images, warnings and supplier details should be reviewed as part of the compliance process.

 

Product recall procedure Poland and corrective action

Where a business identifies that a product presents a safety risk, it must assess the risk without delay and take appropriate corrective action. Depending on the circumstances, this may include correcting online information, stopping sales, withdrawing products from distribution, warning customers or initiating a recall.

The product recall procedure Poland may require notification through the Safety Business Gateway and cooperation with the Polish market-surveillance authority. The President of the Office of Competition and Consumer Protection (UOKiK) has important powers under the Polish Act on General Product Safety, including powers relating to inspections and enforcement measures.[2]

A recall notice should be clear, visible and focused on consumer action. Article 36 of the GPSR requires recall notices to identify the product, explain the risk, state the remedy available and avoid language that discourages consumers from acting. Recall planning should also address customer data, logistics, refunds, retailer communications, public statements and evidence preservation.

 

This is informational material, not legal advice. For a product-specific assessment of import, e-commerce or recall risks, businesses may contact us before placing products on the Polish market.

 

FAQ – GPSR in Poland: Product Compliance for Importers and Online Sellers

Does the GPSR apply to products sold online to consumers in Poland?

Yes. The GPSR applies to consumer products offered through websites, online shops and marketplaces where the products are placed on the EU market or targeted at EU consumers, subject to its scope and exclusions.

Does a non-EU seller need a responsible person in the EU?

Generally, yes. Article 16 requires an EU-established economic operator responsible for compliance tasks before covered products are placed on the EU market.

Must product warnings be available in Polish?

Safety information must be provided in a language easily understood by consumers in the relevant Member State. For products supplied to consumers in Poland, Polish-language information is generally necessary in practice.

How long must technical documentation be retained?

Manufacturers and importers must generally retain the technical documentation for ten years after placing the product on the market, in accordance with Articles 9 and 11 of the GPSR.

What should an importer do after discovering a dangerous product?

The importer should immediately stop further distribution, assess the risk, preserve relevant evidence, identify affected batches, inform supply-chain partners and determine whether notification, withdrawal or recall is required.

Can an online marketplace remove a product listing?

Yes. Marketplaces may remove or restrict listings that breach safety rules. They must also act on certain authority orders and product-safety notices under Article 22 of the GPSR.

 

Bibliography

[1] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 and Directive (EU) 2020/1828, and repealing Directive 2001/95/EC and Council Directive 87/357/EEC.

[2] Act of 21 November 2024 on General Product Safety (Ustawa o ogólnym bezpieczeństwie produktów), Journal of Laws of 2024, item 1802.

[3] European Commission, Safety Gate – General Product Safety Regulation information and business guidance.