Can my European business partner informally act as my Responsible Person?

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Jason van de Zande

A European business partner can act as your responsible person only if they qualify as an EU-established “economic operator” under the General Product Safety Regulation (EU) 2023/988 (GPSR) and you formally appoint them. An informal handshake arrangement is risky because the responsible person must be able to perform specific documentation and cooperation duties, and online marketplaces often ask for proof of designation. Below are the practical duties and the correct appointment process.

Can my European business partner act as my Responsible Person under the GPSR?

Yes, but only if your European business partner is an economic operator established in the EU and is formally designated to carry out the GPSR responsible person tasks for your products. The GPSR requires that consumer products placed on the EU market have an EU-based responsible person in the supply chain, and marketplaces may request evidence that the designation is valid and product-specific.

Under the GPSR, the responsible person role can be fulfilled by an EU-established manufacturer, importer, distributor, or an authorised representative with a written mandate, depending on your supply chain and applicable product legislation. If you sell directly from outside the EU and do not have an EU importer or distributor taking on the role, you typically need to appoint an authorised representative to act as the responsible person.

An “informal” arrangement is risky because it often fails to meet basic requirements that authorities and platforms check, such as a written mandate, a clearly defined product scope, and reliable access to technical documentation. If your partner cannot respond quickly to authority requests, your listings can be blocked, or your products can be challenged by market surveillance authorities.

What does a GPSR Responsible Person need to do in practice?

A GPSR responsible person must be able to support compliance after the product is placed on the market by keeping key product safety information available and cooperating with authorities. In practice, this means the responsible person needs structured processes, reliable access to documentation, and the ability to respond in a timely manner across EU languages and time zones.

  • Verify documentation exists: check that required product safety documentation is present and complete (for example, risk assessments, test reports where relevant, instructions and safety information, and traceability details).
  • Keep documentation available: store, or have immediate access to, the technical documentation and provide it to authorities upon request.
  • Cooperate with market surveillance: act as the EU contact point and support checks and investigations under the Market Surveillance Regulation (EU) 2019/1020 (MSR).
  • Ensure correct identification and contact details: confirm the responsible person’s EU contact details are correctly shown on product labelling, packaging, or accompanying documents, and aligned with online listings.
  • Support corrective actions: coordinate with the manufacturer on withdrawals, recalls, and consumer safety communications when needed.
  • Be reachable and responsive: maintain records, respond quickly, and route any risk information to the manufacturer, including MSR Article 4 notifications when a risk is identified.

How do you formally appoint a Responsible Person in the EU?

You formally appoint a responsible person through a written mandate or contract that clearly assigns the GPSR tasks to an EU-established economic operator and defines how they will access and manage your documentation. This is also the document marketplaces commonly expect when they ask you to prove you have a responsible person for a brand or specific SKUs.

  1. Use a written mandate that identifies the parties, the EU establishment details, and the legal basis for the appointment.
  2. Define scope precisely: list brands, product families, models, and SKUs covered, and how changes (new variants, new packaging) are handled.
  3. Set documentation rules: specify what must be provided, in what format, where it is stored, and how quickly it must be produced for authorities.
  4. Agree on confidentiality and access: protect sensitive design information while ensuring the responsible person can do the job.
  5. Clarify liability and cooperation: include indemnities, escalation steps, and responsibilities during corrective actions.
  6. Align labelling and listings: update packaging, manuals, and online product pages so the responsible person details match everywhere, and keep them current.

How EARP helps with GPSR Responsible Person compliance for non-EU sellers?

We help non-EU manufacturers and e-commerce sellers meet GPSR responsible person requirements with an independent, EU-based service designed for fast, practical compliance and marketplace readiness. Our support is structured so you can keep selling while staying prepared for authority and platform requests.

  • Act as your EU-based responsible person and, where applicable, authorised representative
  • Verify the presence and completeness of required product safety documentation
  • Store documentation and make it available to authorities upon request
  • Serve as a liaison with EU market surveillance authorities and support corrective actions
  • Provide clear onboarding and guidance for labelling and online listing alignment

Review our services, then contact us to confirm the right setup for your products and appoint a compliant responsible person.

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