New General Product Safety Regulation enters into force

The EU General Product Safety Regulation (2023/988) (the "Regulation") enters into force on 13 December 2024. The Regulation introduces various changes to product safety regulations and enforcement, including greater liability risks for producers, importers, distributors and online providers. It is therefore important for your company to be aware of and be prepared for the Regulation's new rules.

What does the Regulation entail?

The Regulation particularly aims to ensure the health and safety of consumers, laying down rules on the safety of products placed or made available on the market. The following changes are especially relevant:

• The Regulation has a wider scope and also applies to digital production files (such as 3D printers), software and artificial intelligence (AI) systems, which was not the case under previous legislation.
• Producers, importers, distributors and online product providers will have greater responsibility for ensuring that their products fulfil the Regulation's safety standards, forcing them to actively identify and mitigate risks.
• The Regulation has consequences for enforcement authorities, including the Netherlands Food and Consumer Product Safety Authority (the "NVWA"), which will, for example, have greater authority to take products off the market that do not comply with the safety standards.

How can Houthoff assist your company?

It is important for all companies to implement the Regulation's rules in their day-to-day operations. This means that companies should consider what changes need to be made in the areas of compliance, product documentation, requirements of notified bodies, CE markings, internal procedures (including testing procedures) and, for security's sake, risk cover insurance. Companies that do not comply with the Regulation's rules may expose themselves to consumer liability claims and enforcement authority intervention. Houthoff's Product Liability & HSE Team is specialised in product liability and safety issues and will be pleased to assist you if you have any questions about the Regulation's implications for your company.

As enforcement authorities (in the Netherlands, usually the NVWA) will have more extensive powers, your company may become subject to more intensive supervision. For example, the NVWA can drastically intervene in your operations if products do not meet safety requirements. It can impose sanctions, order product recalls and carry out unannounced raids. Houthoff has extensive experience dealing with authorities such as the NVWA and is poised to respond immediately if, for example, the authorities conduct a raid, minimising the impact on your operations and reputation.

Recent experience with the NVWA has shown that infringements of product safety guidelines can easily prompt far-reaching measures throughout the production chain. This can adversely impact your company and even trigger claims from consumers and consumer organisations. Houthoff has extensive experience handling mass and individual claims and can draw from a network of technical advisers to help limit the consequences of any infringement of product safety guidelines. If you do come to face NVWA enforcement or consumer claims, Houthoff has all the expertise necessary to effectively advise your company on the best course of action.

Please do not hesitate to call or email our experts Huib Lebbing and Lucas Dröge if you have any questions about the Regulation's impact on your company or any other questions about product liability and safety, consumer claims or authorities' involvement in your operations.