Yes. Australian and Canadian companies usually need an EU-based responsible person when they place consumer products on the EU market under the General Product Safety Regulation (EU) 2023/988 (GPSR). The trigger is selling into the EU, not where your company is registered. This applies to direct-to-consumer shipments and marketplace listings. Below are the key rules, who can take the role, and how it differs from an EU Authorised Representative.
Do Australian or Canadian companies need an EU Responsible Person to sell in the EU?
Yes. If you are a non-EU manufacturer or brand placing consumer products on the EU market, you need an EU-established responsible person under the GPSR. The requirement is tied to the act of making products available to EU consumers, including distance sales, not to whether you are based in Australia or Canada.
This typically affects:
- Direct-to-consumer sales shipped from outside the EU to EU addresses.
- Online marketplace sales where the offer targets EU consumers (for example, EU languages, EU shipping options, EU currencies).
- Brands with no EU importer or distributor willing to take the role.
Practical takeaway: before listing or shipping, confirm which EU economic operator will be the responsible person, and ensure the required EU contact details appear on the product, packaging, or accompanying documentation, as applicable.
Who can act as the GPSR Responsible Person, and what are their obligations?
The GPSR responsible person is an economic operator established in the EU, not an individual. Depending on your supply chain, the role can be fulfilled by the EU manufacturer, the importer, an authorised representative with a written mandate, or, in certain cases, a fulfilment service provider established in the EU when no other EU-based economic operator exists.
Core obligations under the GPSR include:
- Verifying that required product information and documentation exist (for example, that technical documentation has been drawn up and can be provided).
- Cooperating with national market surveillance authorities and providing information and documentation upon request.
- Ensuring the responsible person’s name and contact details are shown on the product, packaging, or accompanying document, as required for the product.
- When there is reason to believe a product presents a risk, taking action within their role, including informing the manufacturer and cooperating on corrective measures.
The GPSR operates alongside the Market Surveillance Regulation (EU) 2019/1020 (MSR). Under Article 4 of the MSR, the EU-based economic operator must be able to provide documentation to authorities and, where relevant, inform the manufacturer about risks.
What is the difference between an EU Authorised Representative and a GPSR Responsible Person?
An EU Authorised Representative is a role used under certain EU harmonised product laws (often CE-marking frameworks) and is appointed by written mandate to carry out specified tasks for a non-EU manufacturer. A GPSR responsible person is a separate, specific requirement for consumer product safety market access, ensuring there is an EU-based economic operator responsible for defined compliance tasks.
| Topic | EU Authorised Representative | GPSR Responsible Person |
|---|---|---|
| Is it always required? | No, only under certain product laws | Yes, for GPSR-covered consumer products placed on the EU market |
| Who can be it? | EU-established entity with a written mandate | EU manufacturer, importer, authorised representative, or, in some cases, a fulfilment service provider |
| Main purpose | Carry out mandated compliance tasks under specific legislation | Ensure an EU-based economic operator is accountable for key GPSR/MSR tasks |
Overlap is common: an authorised representative can be designated to act as the responsible person when there is no EU importer. Depending on the product and applicable EU laws, you may need both roles, but you should not assume they are interchangeable.
How EARP helps with Responsible Person requirements for EU sales
We help non-EU businesses meet EU responsible person requirements for GPSR-covered products by providing an EU-established economic operator role and practical compliance support, aligned with GPSR and MSR expectations.
- EU-based Responsible Person and, where applicable, Authorised Representative coverage under a written mandate
- Document intake checks to confirm required product safety documentation is present and consistent
- Technical documentation storage and controlled availability for authority requests
- Support with labelling and traceability details so EU contact information is correctly presented
- Single point of contact for market surveillance authority communication and cooperation
Review our services, then contact us to discuss your products and set up EU Responsible Person coverage with EARP.
