Am I considered a manufacturer under GPSR if I use a contract factory and sell under my own brand?

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Jason van de Zande

If you sell a consumer product in the EU under your own brand name or trademark, you are generally considered the manufacturer under the General Product Safety Regulation (EU) 2023/988 (GPSR), even if a contract factory makes the product. The GPSR focuses on who places the product on the market under a name or trademark, not on who physically produces it. Below are the key questions sellers ask about what this means for obligations, supply chain roles, and EU Responsible Person requirements.

What does “manufacturer” mean under the GPSR when you sell under your own brand?

Under the GPSR, a manufacturer is the entity that makes a product, or has it designed or manufactured, and markets it under its own name or trademark. That means if you private-label, white-label, or rebrand a product and sell it under your brand, you take on the manufacturer role for GPSR purposes, even when production is fully outsourced.

This definition matters because the GPSR assigns product safety and compliance responsibility to the manufacturer role. Your contract factory can support you with testing, specifications, and production controls, but it does not replace your legal responsibility when the product is marketed under your brand.

  • If your brand is on the product or packaging, you are usually the manufacturer.
  • If you modify a product and sell it under your name, you can also become the manufacturer.

Does using a contract factory change your obligations under the GPSR?

Using a contract factory can change how you organize compliance work, but it does not remove your core GPSR obligations when the product is sold under your brand. You still need to ensure the product is safe under normal and reasonably foreseeable use, and you must be able to show authorities that you have done the required safety work.

In practice, contract manufacturing often means you must contractually require the factory to provide the evidence you need, and then verify that it is complete and consistent with your branded product and identifiers.

  • Product risk assessment covering hazards, foreseeable misuse, and user groups.
  • Technical documentation compiled and kept available for market surveillance requests.
  • Traceability such as model or type identification and, where applicable, batch or serial identification.
  • Instructions and safety information in the languages of the Member States where you sell.
  • Cooperation with authorities when information is requested, including providing documentation and taking corrective actions when needed.

How do manufacturer duties differ from importer and distributor duties under the GPSR?

Manufacturer, importer, and distributor are different legal roles under the GPSR, and one company can hold more than one role depending on how products move into the EU. The manufacturer has the most comprehensive obligations because it is responsible for the product’s safety and the supporting documentation. Importers and distributors have verification and cooperation duties tied to their position in the supply chain.

Role When it applies Core focus under GPSR
Manufacturer You sell under your name or trademark Safety, risk assessment, documentation, traceability, information duties
Importer An EU-established entity places goods from a third country on the EU market Checks and ensures required manufacturer information and compliance indicators are in place
Distributor Any supply chain actor (other than the manufacturer or importer) making products available Due care, verification, and cooperation, especially if risks are suspected

Separately, the Market Surveillance Regulation (EU) 2019/1020 (MSR) requires that certain products have an EU-based Responsible Person (an economic operator established in the EU) to perform specific tasks, such as keeping documentation available for authorities and, under Article 4 of the MSR, informing the manufacturer when risks are identified. This Responsible Person role is distinct from the manufacturer role, and it does not automatically make the Responsible Person the manufacturer.

How does EARP help with GPSR manufacturer responsibilities for own-brand products?

At EARP, we support own-brand sellers using contract factories by setting up the EU-side structure required for the GPSR and the MSR, and by making documentation handling and cooperation with authorities operationally manageable.

  • We act as your EU Responsible Person for GPSR-covered products where required.
  • We check for the presence and completeness of key product safety documentation and keep it organized for authority requests.
  • We provide an EU point of contact and liaison support for market surveillance authority communications.
  • We guide you on manufacturer and Responsible Person identification details for labels, packaging, or accompanying documents, as well as traceability and safety information expectations.
  • We help set up repeatable compliance processes for ongoing listings and product updates.

Review our services or contact us to discuss your product, sales channel, and the fastest path to meeting GPSR requirements for your own-brand goods.

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