Does GPSR apply to distributors and resellers?
Yes. The GPSR distributes responsibility across the entire supply chain, not just to the original manufacturer. Article 12 of Regulation (EU) 2023/988 sets out specific obligations for distributors — anyone who makes a product available on the EU market without being the manufacturer or importer. This covers wholesalers, retail distributors, and online resellers who sell products sourced from a manufacturer or importer. The principle is that every party who handles a product before it reaches the consumer bears some responsibility for ensuring it complies with safety requirements.
Before making a product available, a distributor must carry out due diligence checks: verify that the product carries a type, batch, or serial number enabling traceability; confirm that the manufacturer's name and contact details, and those of the EU Responsible Person if the manufacturer is outside the EU, are accessible on or with the product; check that safety warnings and use instructions are provided in the official language of the country of sale; and satisfy themselves that the product does not present an obvious safety risk. If the distributor has any reason to believe the product does not comply with GPSR requirements, they must not make it available until compliance is established, and must inform the manufacturer or importer accordingly. Selling a non-compliant product while knowing — or having reason to suspect — it is non-compliant exposes the distributor to direct sanctions.
The most critical scenario for Amazon and eBay resellers is private labelling. Under Article 4 of the GPSR, a person who markets a product under their own name, brand, or trademark is treated as the manufacturer for all GPSR purposes — regardless of who physically made the product. This is not a loophole or edge case: it is a core design feature of the regulation. If you source generic products from a supplier, apply your own brand, and sell them on Amazon, you are the manufacturer under the GPSR and must fulfil all corresponding obligations: complete risk assessment, technical file retained for 10 years, and designation of an EU Responsible Person if you are based outside the EU.
What the law says
Article 12 of Regulation (EU) 2023/988 sets out distributor due diligence obligations. Article 4 states that whoever markets a product under their own name or brand is treated as the manufacturer for GPSR purposes. Both apply from 13 December 2024 with no size or volume threshold.
Consequences of non-compliance
A distributor who sells non-compliant products can be sanctioned directly by EU authorities — the manufacturer's non-compliance is not a defence. Private label sellers treated as manufacturers face the full range of penalties: fines up to €100,000, listing deactivation on Amazon, product recall obligations, and civil liability for product-related harm.
If you sell products under your own brand — whether sourced in China, the EU, or anywhere else — GPSRCheck generates the complete GPSR technical file you need as the responsible manufacturer. €49 per product.
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