Can a natural person be a Responsible Person or does it have to be a company?

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Jason van de Zande

A natural person can be listed as a responsible person under the General Product Safety Regulation (EU) 2023/988 (GPSR) only if that natural person qualifies as an economic operator established in the EU and can carry out the required tasks. In practice, many sellers use a company for continuity and capacity, but the law focuses on being “established in the EU” and on the ability to cooperate with authorities and keep documentation available.

Can an individual be a GPSR Responsible Person in the EU?

Yes, an individual can be the responsible person if the individual is an economic operator established in the EU and is able to perform the GPSR responsible person tasks. The GPSR does not require the responsible person to be a company, but it does require the role to be held by an EU-established economic operator that is reachable and operational for compliance cooperation.

“Established in the EU” generally means having a real, stable presence in an EU Member State, with contact details where authorities can reliably reach the economic operator and where the required documentation can be made available. A temporary address, a mail-forwarding service, or a purely nominal presence is unlikely to meet the practical expectations of market surveillance.

Also keep in mind that “responsible person” is a legal role assigned to an economic operator in the supply chain. Depending on how you sell, the responsible person may be the EU manufacturer, the importer, an authorised representative with a written mandate, or, in some cases, a fulfilment service provider when no other EU-based economic operator exists.

What are the legal duties and liabilities of a Responsible Person?

Under the GPSR, the responsible person must be able to provide product safety documentation and cooperate with market surveillance authorities. The role is operational: it is about being the EU contact point that can supply information quickly, support checks, and help ensure traceability and the handling of corrective actions when needed.

  • Keep documentation available and provide it to authorities upon request (for example, technical documentation and other product safety information required under the GPSR).
  • Cooperate with authorities during checks and investigations, including responding within the requested deadlines.
  • Support traceability by ensuring the responsible person’s contact details are correctly provided for EU market access purposes (often on the product, packaging, or accompanying documentation, depending on what the law and the product allow).
  • Coordinate practical follow-up for corrective actions, including supporting recalls or consumer communications initiated by the manufacturer, where applicable.
  • Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), inform the manufacturer when the economic operator becomes aware of a risk, as required by Article 4 of the MSR.

Liability exposure mainly relates to failures to meet these cooperation and documentation duties—for example, being unable to produce documents, not responding to authorities, or allowing incorrect responsible person details to be used. The manufacturer still carries primary responsibility for product safety, but the responsible person can face enforcement consequences for non-compliance with its own obligations.

When does it have to be a company instead of a natural person?

It does not always have to be a company, but a company is often the safer choice when you need continuity, capacity, and fast response. A natural person may be legally acceptable; however, many businesses and platforms prefer a legal entity that can reliably maintain processes, retain records, and remain available even if staff change or someone is unavailable.

Common situations where a company is typically required or strongly preferable include:

  • Continuity and availability, including coverage during holidays, illness, or time-zone gaps.
  • Document retention and controlled access throughout the full retention period expected for product files.
  • Multilingual authority communication and handling requests from different Member States.
  • Marketplace or partner requirements where the platform workflow expects a business entity and consistent compliance contacts.

Role clarity also matters. An importer is the EU-established economic operator that places a product from a third country on the EU market. A distributor makes a product available on the market. An authorised representative is appointed by written mandate and is not mandatory under the GPSR, but a responsible person is required for products covered by the GPSR when the manufacturer is not established in the EU and no other qualifying EU economic operator is available.

How does EARP help with GPSR Responsible Person services?

We provide EU-based responsible person services designed to meet GPSR and MSR cooperation and documentation expectations, while keeping your internal team focused on product and sales. You can review our services and ask questions specific to your supply chain and sales model.

  • Structured onboarding to confirm which products and channels are in scope for GPSR responsible person coverage
  • Document presence and completeness checks focused on the product safety documentation that authorities and marketplaces commonly request
  • Secure documentation storage and controlled retrieval for authority requests
  • EU contact point support and liaison with market surveillance authorities for cooperation requests
  • Guidance on responsible person contact detail presentation for labels, packaging, or accompanying materials
  • Ongoing support for compliance follow-up, including corrective action coordination where applicable

If you need an EU-established responsible person to keep selling in the EU, contact us through our contact page to discuss your products and the fastest compliant path forward.

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