What does a GPSR responsible person do for US companies?

A GPSR responsible person is an EU-based economic operator that US companies must appoint to handle product safety compliance under the General Product Safety Regulation (EU) 2023/988 (GPSR). This mandatory role ensures your products meet EU safety requirements and provides a formal contact point for market surveillance authorities. The responsible person manages technical documentation, cooperates with regulators, and helps maintain uninterrupted market access for US businesses selling in Europe.

What is a GPSR responsible person and why do US companies need one?

A GPSR responsible person is an economic operator established within the European Union that handles specific compliance responsibilities under the General Product Safety Regulation (EU) 2023/988 (GPSR). This role became mandatory on 13 December 2024 for all non-EU manufacturers, including US companies, selling consumer products in the European market.

US companies need a GPSR responsible person for several key reasons:

Legal requirement: The regulation mandates that manufacturers based outside the EU designate an EU-based economic operator
Market coverage: Applies to products sold through online platforms like Amazon or eBay
Fulfillment operations: Covers products fulfilled via warehouses or third-party logistics providers
Distribution partnerships: Includes products distributed by EU-based partners

The appointment process involves formally designating this economic operator to handle post-market compliance tasks. Unlike an authorised representative, which is optional, appointing a responsible person is a legal requirement that cannot be avoided. The responsible person ensures regulatory obligations are met after your product reaches the EU market, serving as your formal compliance contact point with European authorities.

What specific duties does a GPSR responsible person handle for US businesses?

A GPSR responsible person manages several important compliance responsibilities to keep your products legally available in the EU market. These duties focus on maintaining product safety standards and facilitating communication with regulatory authorities throughout your product’s market presence.

Responsibility Category	Specific Duties
Documentation Management	Hold and make technical documentation available to market surveillance authorities when requested; verify presence and completeness of required product safety documents
Authority Cooperation	Cooperate with EU market surveillance authorities during inspections, investigations, or accidents under MSR (EU) 2019/1020
Risk Management	Notify serious product risks to the manufacturer according to Article 4 of the MSR
Market Actions	Support recall actions or consumer notifications initiated by the manufacturer
Record Keeping	Maintain accurate compliance records and act as primary EU contact point for regulatory matters

How does appointing a GPSR responsible person protect US companies from EU penalties?

Appointing a qualified GPSR responsible person provides important legal protection by ensuring continuous compliance with EU product safety requirements. This proactive approach helps prevent regulatory violations that could result in market access restrictions or financial penalties for your business.

The protection benefits include:

Compliance monitoring: Acts as your compliance safety net, monitoring regulatory changes and maintaining up-to-date GPSR knowledge
Risk mitigation: Handles regulatory communications professionally and responds promptly to market surveillance inquiries
Gap prevention: Reduces likelihood of compliance gaps that could trigger enforcement actions
Professional handling: Understands proper procedures for product safety accidents and coordinates effectively with authorities
Market continuity: Enables switching distributors or fulfillment providers without disrupting EU compliance status

Having an experienced responsible person prevents minor issues from escalating into serious regulatory problems and avoids the need to relabel products or restart the compliance process when making operational changes.

What happens if a US company sells in the EU without a GPSR responsible person?

Selling products in the EU without a GPSR responsible person constitutes a direct violation of mandatory regulatory requirements, exposing US companies to immediate enforcement actions and market access restrictions. Market surveillance authorities have the power to remove non-compliant products from the European market.

The consequences follow a clear escalation pattern:

Immediate Enforcement Actions

Product recalls and sales suspensions
Removal from online marketplaces
Routine inspection violations

Financial and Legal Penalties

Substantial fines varying by member state
Long-term market access restrictions
Prevention of future product launches
Increased liability exposure for product safety accidents

Operational and Reputational Impact

Difficulty resolving compliance issues efficiently
Operational disruption exceeding direct financial costs
Reputational damage affecting future business opportunities

Legal risks extend to potential liability issues if product safety accidents occur without proper EU representation. Without a responsible person to handle regulatory communications and coordinate with authorities, US companies face increased exposure to enforcement actions and may struggle to resolve compliance issues efficiently.

Ensuring GPSR compliance through proper responsible person appointment protects your European market access and supports sustainable business growth. We specialise in providing comprehensive responsible person services that keep US companies compliant while focusing on their core business operations.

If you are looking for support or to learn more, contact our team of experts today