Does the GPSR apply to products given away for free?

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Jason van de Zande

The General Product Safety Regulation (EU) 2023/988 (GPSR) can apply even when you give products away for free. The key trigger is not the price; it is whether a consumer product is made available on the EU market in the course of a commercial activity. This includes promotional giveaways, samples, and gifts with purchase. Below are practical definitions, common exceptions, and the compliance steps to follow before distributing free products in the EU.

Does the GPSR apply to products given away for free?

Yes, the GPSR can apply to free products because it focuses on whether a product is made available or placed on the EU market, not on whether money changes hands. If you distribute consumer products to EU consumers as part of marketing, brand promotion, or another business activity, those units still need to be safe and meet the GPSR’s information and traceability requirements.

This matters for common scenarios such as influencer seeding, trade fair handouts, “free trial” units, and replacement items sent at no charge. If the distribution is connected to your business, authorities can treat it as making a product available on the market under the GPSR.

What counts as making a product available on the EU market under the GPSR?

Under the GPSR, “making available” generally means supplying a product for distribution, consumption, or use on the EU market in the course of a commercial activity, whether for payment or free of charge. “Placing on the market” is the first making available of a specific unit in the EU. The same safety expectations apply to online and offline channels.

  • Online sales targeted at EU consumers (including direct-to-consumer shipments)
  • Promotional campaigns where products are handed out to drive sales or brand awareness
  • Samples sent to reviewers, influencers, or potential buyers in the EU
  • Gifts with purchase bundled with another product
  • Free replacements or “goodwill” items shipped to EU consumers

Are there any exceptions for gifts, samples, or charitable donations?

Some transfers fall outside the GPSR, but the exceptions are narrower than many businesses assume. A genuinely private, non-commercial handover between individuals is typically not “in the course of a commercial activity.” However, most business giveaways, samples, and donations are still linked to an economic activity and can remain in scope if the products are consumer products.

The GPSR also acts as a safety net: where specific EU harmonisation legislation covers a product’s safety risks, the GPSR applies only to the aspects or risks not covered by that specific law, while certain GPSR chapters still apply in areas such as distance sales and accident-related duties. Do not assume that “it is free” or “it is a donation” automatically removes GPSR obligations.

What compliance steps are required if you give products away in the EU?

If you distribute products for free in the EU as part of a commercial activity, treat those units like any other supply to the EU market. You should be able to show that the product is safe, that key safety information is provided, and that you can cooperate with authorities. If you are a non-EU manufacturer selling directly into the EU, you may also need an EU-based responsible person under the MSR framework.

  1. Perform a product risk assessment covering intended use and reasonably foreseeable misuse.
  2. Compile and maintain technical documentation that supports product safety (do not assume a Declaration of Conformity is required under the GPSR).
  3. Ensure traceability, identify the product and manufacturer, and keep batch or model identifiers consistent.
  4. Check labelling and contact details, include required economic operator information and clear product identification.
  5. Provide instructions and warnings in appropriate languages for the Member States where you distribute.
  6. Appoint an EU responsible person where required by Market Surveillance Regulation (EU) 2019/1020 (MSR), and ensure the details are correct and usable.
  7. Set up accident handling, monitor safety feedback, and be ready to cooperate with market surveillance authorities.
  8. Meet marketplace checks if giveaways are tied to listings; platforms often request proof of traceability and safety documentation.

How [COMPANY] helps with GPSR compliance for free giveaways

We help you distribute free products in the EU while staying aligned with GPSR and MSR expectations, especially if you do not have an EU establishment and need a compliant responsible person setup.

  • Acting as your EU responsible person and maintaining reliable authority-facing contact details
  • Document presence and completeness checks, plus structured technical documentation storage
  • Labelling and traceability review for giveaways, samples, and bundled “gift” items
  • Liaison support with national market surveillance authorities when information is requested
  • Practical process setup for accident intake, internal escalation, and marketplace documentation requests

See our services or contact us to discuss your giveaway plan and what you need in place before distributing products in the EU.

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