In General Product Safety Regulation (EU) 2023/988 (GPSR) safety notifications, “without undue delay” means you notify as soon as you have enough reliable information to act—not after internal debates, commercial considerations, or waiting for perfect certainty. The expected speed depends on the risk and what you know at the time. The safest approach is to act promptly, keep a clear timeline, and record why you notified when you did.
What does “without undue delay” mean in GPSR safety notifications?
“Without undue delay” means taking prompt action once relevant information is available, taking into account the seriousness of the risk and the need to verify facts. It is not a fixed number of days. Authorities look at whether you moved quickly from first awareness to risk assessment, decision, and notification, and whether any waiting time was justified.
In practice, “undue” delay is avoidable delay—for example, waiting for marketing approval, postponing action until a weekly meeting, or holding back while negotiating with a supplier. A short pause to confirm product identification, affected batches, or the hazard mechanism can be reasonable, especially if it improves accuracy.
Because the standard is case-specific and risk-based, you should document when you first learned of the issue, what you knew then, what you did to validate it, and when you escalated it. That record often matters as much as the final notification itself.
When do you need to notify authorities under the GPSR, and what information should be ready?
You generally need to notify when you become aware that a product you placed on the market or made available may be dangerous, when you identify a serious risk, or when you start corrective actions such as warnings, withdrawals, or a product safety recall. For businesses, the usual channel is the Safety Business Gateway, which is designed for reporting dangerous products and accidents to market surveillance authorities.
Have the following information ready so you can notify quickly and consistently:
- Product identification: brand, model, type, images, barcode or other identifiers, and clear traceability details.
- Risk description: the hazard, who is at risk (including vulnerable users), and how the risk occurs under reasonably foreseeable use.
- Accident information: what happened, severity, and any patterns, using verified facts and dates.
- Distribution footprint: where the product was made available in the EU, sales channels, and affected units or batches, if known.
- Measures taken: warnings, software updates, design changes, withdrawals, consumer communications, and recall steps, if applicable.
Also plan coordination. If you sell through online marketplaces, you may need aligned product identifiers, listing links, and ready-to-send safety communications. Accuracy and completeness matter because authorities may share information across Member States, and inconsistent identifiers can slow corrective action.
How can you show you acted without undue delay if you are audited or investigated?
You show “without undue delay” by demonstrating a clear, time-stamped chain of actions from the first signal to notification and corrective measures. Authorities typically expect to see structured escalation, documented decisions, and controlled communications, not informal chats and missing files. Your goal is to demonstrate that any time spent was necessary to verify facts or reduce risk, not to postpone action.
Practical steps that create defensible evidence:
- Escalate quickly: define who must be alerted internally when a safety signal appears, and set a same-day triage expectation for serious hazards.
- Conduct a written risk assessment: record what is known, what is unknown, and what you did to close gaps.
- Maintain a timeline log: first awareness, internal decisions, supplier contacts, test results received, notification submitted, consumer messaging released.
- Use version control: keep dated copies of instructions, warnings, listings, and technical files provided to authorities.
- Prepare templates: notification drafts, marketplace messages, and recall communications, so you do not lose time on formatting.
- Track CAPA: corrective and preventive actions, owners, due dates, and verification of effectiveness.
Be transparent and factual. You can explain uncertainty and an ongoing investigation without speculating or making legal admissions. What matters is that you acted promptly on the information available at each step.
How does EARP help with GPSR safety notifications?
We help non-EU businesses meet GPSR notification expectations with practical processes, clear documentation, and EU-based regulatory representation. Our support is designed to reduce delays caused by missing files, unclear roles, or inconsistent product identifiers.
- Guidance on notification readiness, including what information to compile and how to keep it consistent across listings and documents.
- Support with technical documentation organization and controlled access for authority requests.
- EU Responsible Person services aligned with Market Surveillance Regulation (EU) 2019/1020 (MSR) Article 4 communication duties, including notifying the manufacturer when risks are identified.
- EU Authorized Representative support, where applicable, for regulatory liaison and safety communications with authorities.
See our services or contact us to set up a GPSR-ready notification and documentation process.
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