Does GPSR apply to handmade toys?

Handmade toys occupy the most heavily regulated corner of the EU consumer product market. They face a dual compliance framework: the EU Toy Safety Directive (2009/48/EC) as the primary legislation, and the GPSR applying subsidiarily for aspects the Directive does not address. The starting point is clear and unambiguous: the Toy Safety Directive applies to all toys intended for children under 14 years old that are placed on the EU market for commercial sale, regardless of whether they are machine-made or handcrafted. There is no artisan exemption, no small-batch exemption, and no volume threshold. The only exemption is for toys made specifically for a named individual child and not intended for sale — a custom, non-commercial gift. The moment a handmade toy is sold commercially, even a single unit, full Toy Safety Directive obligations apply.

Under the Toy Safety Directive, any toy sold in the EU must carry the CE mark, demonstrating conformity with the essential safety requirements of the Directive. For the maker to apply the CE mark legitimately, they must have assessed the toy against the applicable parts of the EN 71 standard series: EN 71-1 covers mechanical and physical safety (sharp edges, small parts that pose choking hazards, structural integrity, and rope or cord safety); EN 71-2 covers flammability; and EN 71-3 covers migration of certain chemical elements from surface coating materials — which is particularly critical for wooden toys painted or treated with pigments, varnishes, or inks. For toys aimed at children under 36 months, additional requirements for small part hazards and accessible fillings apply. The maker must compile a technical file demonstrating conformity and issue an EU Declaration of Conformity before affixing the CE mark.

The GPSR then adds a further layer for online toy sales. Article 19 requires that any toy listing on Amazon, Etsy, eBay, or a direct-to-consumer store display the maker's name and contact details, the EU Responsible Person's details (for non-EU makers), and applicable safety warnings before the customer completes the purchase. For toy makers outside the EU, Article 16 requires an EU-established Responsible Person. These GPSR online obligations apply even though toys are primarily regulated by the Toy Safety Directive — the GPSR's marketplace transparency rules were specifically designed to cover all products sold online without exception.

What the law says

Consequences of non-compliance