GPSR vs Traditional Product Liability
Compare the EU General Product Safety Regulation (GPSR) with traditional product liability frameworks: scope, obligations, and enforcement.
Regulatory Framework
GPSR (Regulation 2023/988)
EU-wide regulation on general product safety. Applies to all consumer products. Requires economic operators in EU, product traceability, and incident reporting.
Pros
- ✓Harmonized across EU
- ✓Covers all consumer products
- ✓Modern framework for online sales
- ✓Clear obligations for marketplaces
Cons
- ✗Requires EU-based responsible person
- ✗Strict traceability requirements
- ✗Marketplace liability for non-compliant sellers
- ✗Broad scope can be complex
Best for: All consumer product sellers in EU
Cost: EU responsible person: €1,000-5,000/year
Setup: 2-4 weeks
Traditional Product Liability
National product liability laws based on EU Product Liability Directive (85/374/EEC). Liability arises from defective products causing damage.
Pros
- ✓Well-established legal framework
- ✓Clear liability allocation
- ✓Compensation for damage
- ✓Deterrent effect
Cons
- ✗Reactive (after damage occurs)
- ✗Varies by country
- ✗Legal costs for claims
- ✗Burden of proof on claimant
Best for: Understanding liability exposure
Cost: Legal consultation: €200-500/hour; Insurance: varies
Setup: Ongoing compliance
FAQ
Does GPSR replace product liability laws?+
No. GPSR is a safety regulation (preventive) while product liability laws deal with compensation after damage (reactive). Sellers must comply with both: GPSR for market access and product liability for damage claims.