Do I need an EU Responsible Person if I sell from the US to EU customers?

If you sell consumer products from the United States to customers in the European Union, you usually need an EU-based responsible person before you place those products on the EU market. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), an EU economic operator must be identifiable for most non-food consumer products, including distance sales and marketplace listings. The key questions are whether your product is in scope, who can act as the responsible person, and what documentation and labeling you must have ready.

Do US sellers need an EU responsible person to sell to EU customers?

In most cases, yes. If you are a non-EU business placing consumer products on the EU market, the GPSR requires an EU-established economic operator to be identified as the responsible person, including for online and other distance sales. Marketplaces often enforce this by requesting responsible person details before allowing listings to go live.

The GPSR applies broadly to products intended for consumers or likely to be used by consumers under reasonably foreseeable conditions, whether new or used, and whether sold in stores or online. An online offer can be treated as targeting EU consumers when the seller directs activities to one or more EU Member States (for example, by offering EU shipping, using EU languages, or enabling EU payment options).

Common “yes” scenarios: direct-to-consumer shipping from the US, selling on Amazon EU or other EU-facing marketplaces, or selling via your own EU-targeted website.
Common “it depends” scenarios: products fully covered by other EU harmonisation legislation (for example, CE-marking frameworks) still need an EU economic operator identified under the Market Surveillance Regulation (EU) 2019/1020 (MSR), and the GPSR can still apply to general safety aspects where relevant.

What does an EU responsible person do under the GPSR?

An EU responsible person is an EU-established economic operator that acts as the regulatory contact point and documentation holder for market surveillance. Under the GPSR and the MSR framework, the responsible person must be able to provide product safety and compliance information to authorities on request and help ensure required traceability information is provided correctly.

In practice, responsible person tasks commonly include:

Verifying documentation exists: checking that required technical documentation has been drawn up and is available.
Keeping documentation available: storing or accessing the technical file so it can be provided to authorities upon request in a language they can understand.
Cooperating with authorities: responding to market surveillance requests and supporting corrective actions when required.
Ensuring traceability details are provided: making sure the responsible person’s name and contact details appear on the product, packaging, or accompanying document, and that online listings show the required manufacturer and responsible person details where applicable.

Under Article 4 of the MSR, if the responsible person has reason to believe a product presents a risk, it must notify the manufacturer. The obligation to notify serious risks to authorities rests with the authorised representative when that role is appointed for that purpose.

How do I know whether an importer, distributor, or authorised representative can act as the responsible person?

The responsible person role can be fulfilled by certain EU economic operators, depending on your supply chain. If you have an EU-based importer, distributor, fulfilment service provider, or an authorised representative, one of them may be able to serve as the responsible person. The right choice depends on who is established in the EU and who is willing and able to perform the required tasks.

EU economic operator	When they can be the responsible person	Common issue for US sellers
Importer (product-law importer)	When an EU importer places the product on the EU market	Many US sellers ship direct, so no clear EU importer exists
Distributor	When an EU distributor makes the product available and accepts the role	Distributors may not want regulatory responsibility
Fulfilment service provider	Can become the responsible person by operation of law if no other EU operator exists	Not all fulfilment models create an EU fulfilment service provider relationship
Authorised representative	Can be appointed to act as the responsible person	Requires a formal appointment and ongoing document readiness

A frequent point of confusion is “Importer of Record”, which is a customs and VAT concept and is separate from the product safety roles under the GPSR and MSR.

How to become compliant when selling from the US to EU customers

You become compliant by confirming which EU rules apply to your product, preparing the required safety documentation and traceability information, and ensuring an EU responsible person is correctly designated and shown on the product and in the online offer. For most sellers, the fastest path is a structured checklist that aligns the product, paperwork, and listing content.

Identify applicable EU rules: confirm whether the GPSR applies and whether product-specific EU legislation also applies (for example, toys, PPE, radio equipment).
Compile technical documentation: keep test evidence, risk assessments, instructions, and safety information aligned with the exact model and variants sold.
Fix labeling and traceability: ensure the product and packaging show required identifiers (type, batch, serial, or model), manufacturer contact details, and responsible person contact details where required.
Appoint an EU responsible person: ensure the appointment is valid and that the responsible person can provide documentation to authorities on request.
Set up post-market monitoring: maintain a process to capture complaints and safety signals, investigate accidents, and take corrective actions when needed.

How EARP helps with EU responsible person requirements for US-to-EU sales

We help US sellers meet GPSR responsible person requirements by providing an EU-based economic operator role and practical compliance support that fits marketplace and authority expectations.

We provide EU responsible person and EU authorised representative services, as needed, for GPSR-covered products.
We verify the presence and completeness of required product safety documentation and keep it available for authority requests.
We support labeling and listing alignment so responsible person and traceability details are consistent across the product, packaging, and online offers.

Review our services, then contact us to discuss your products and the quickest compliant path for EU sales.