Deloitte Internet Regulation Updater

Relevant to marketplaces that are implementing the EU’s Digital Services Act, the EU has also agreed the text of the new General Product Safety Regulation (GPSR). The Regulation will now go through the adoption process, coming into force in a few months. It applies 18 months later, applying circa mid-2024.

The GPSR updates the EU’s product safety rules in line with the growth of e-commerce, protecting consumers from products bought online.

This Regulation will build on the new obligations that marketplaces already have to implement under the Digital Services Act (DSA). Under the DSA, online marketplaces are required (amongst other things) to provide information to consumers about sellers, carry out seller KYC and conduct random checks on products against an official online database to check if products have been identified as illegal.

The GPSR puts in place enhanced interactions with the market surveillance authorities (tasked with consumer safety). Marketplaces must respond to orders to remove listings for dangerous products within 2 days and put in place mechanisms for consumers to flag unsafe products, responding to those in 3 days. There are also changes to DSA random check rules as well as enhanced product recall rules, requirements for how consumers are notified of recalls and their remedies in light of a recall. 

We will be providing further comments as the GPSR makes its way into force.

If you would like to speak to the Deloitte team supporting clients on complying with fast-paced global internet regulation, please contact:

Joey Conway, Internet Regulation Partner, Legal Lead

Nick Seeber, Internet Regulation Lead Partner

Jessica Withey, Internet Regulation Director, Legal

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