Does GPSR apply to second-hand or refurbished products?
Yes. One of the most significant scope expansions in Regulation (EU) 2023/988 compared to its predecessor is the explicit inclusion of used, repaired, and refurbished products. Article 2.1 states clearly that the regulation applies to products that are «new, used, repaired or refurbished» — there is no ambiguity. The rationale is straightforward: a second-hand or refurbished product can present safety risks to consumers equal to or greater than a new one, particularly if it has deteriorated, been incorrectly repaired, or had its original safety features compromised.
For professional resellers of second-hand goods — online businesses, charity retailers operating at scale, refurbishers, and recommerce platforms — the GPSR imposes obligations as distributors under Article 12. Before making a used product available, a distributor must verify that the product carries the required traceability information (batch number, type designation, or serial number); that the manufacturer's or Responsible Person's contact details are accessible; and that it has not been modified in a way that introduces new safety risks. A distributor who cannot verify these elements should not sell the product. There is also a notification obligation: if a distributor learns that a product they have sold presents a risk to consumers, they must inform the relevant authorities and cooperate in any recall.
The most legally significant scenario for the second-hand sector is substantial modification. Under Article 3.8 of the GPSR and the Commission's Guidelines C(2025) 7699, anyone who makes a substantial modification to a product — physically or digitally — is treated as a new manufacturer and must fulfil all corresponding obligations: internal risk assessment, technical file, updated labelling, and designation of an EU Responsible Person if not EU-based. For refurbishers who replace components, upgrade electronics, or rebrand products under their own label, this is a critical compliance threshold.
What the law says
Article 2.1 of Regulation (EU) 2023/988: The regulation applies to products «whether new, used, repaired or refurbished». Article 3.8: A person who makes a substantial modification to a product is treated as a manufacturer. The Commission's Guidelines C(2025) 7699 clarify what constitutes a «substantial modification» in practice.
Consequences of non-compliance
Professional second-hand sellers face the same range of sanctions as new product sellers: fines up to €100,000, listing removals on eBay and other platforms, product recalls, and civil liability if a defective used product causes harm. Refurbishers who substantially modify products without a new technical file are in the highest-risk category.
If you refurbish or modify products before resale, GPSRCheck generates the GPSR technical file you need as the new responsible manufacturer. Risk assessment, Declaration of Conformity, labelling checklist. €49.
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