Do I need a Responsible Person if I have a European office or subsidiary?

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Jason van de Zande

If you have a European office or subsidiary, you might still need to designate a responsible person for products sold in the EU. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), the responsible person must be an EU-established economic operator that can perform specific documentation and cooperation tasks. This article explains when an EU entity can fill the role, which entities qualify, and what to consider before naming an EU subsidiary.

Do you still need an EU responsible person if you have an EU office or subsidiary?

Not always, but having an EU office or subsidiary does not automatically satisfy the GPSR requirement. You still need a responsible person established in the EU that is an economic operator for the product and can carry out the GPSR tasks. If your EU entity is not the manufacturer for EU purposes, is not involved in placing the product on the market, or cannot take on the mandate, you may still need another eligible EU economic operator.

Practical checkpoints to confirm before relying on an EU office or subsidiary:

  • Establishment: The entity must be established in the EU.
  • Role in the supply chain: It must qualify as an eligible economic operator for the product.
  • Operational capability: It must be able to hold and provide documentation and respond to authorities.
  • Scope: Sector-specific rules can impose different or additional requirements for certain product groups.

Which entity can act as the responsible person under the GPSR?

Under the GPSR, the responsible person is an EU-established economic operator designated to perform specific compliance and cooperation tasks for consumer products. The eligible entity follows a practical hierarchy: an EU-established manufacturer can act; otherwise, an EU importer; otherwise, an authorized representative with a written mandate; otherwise, an EU fulfillment service provider may be the responsible person when none of the other operators exists.

In simple terms, the responsible person must be able to support market surveillance and product traceability. Core duties commonly include:

  • Keeping required product safety documentation available and providing it to authorities upon request.
  • Cooperating with market surveillance authorities, including under the Market Surveillance Regulation (EU) 2019/1020 (MSR).
  • Helping ensure that identification and traceability information is provided—for example, correct operator contact details on the product, packaging, or accompanying documents, as applicable.
  • When made aware of a risk, notifying the manufacturer as required by Article 4 of the MSR.

Note that an authorized representative is not mandatory in all cases, but a responsible person is required for products covered by the GPSR.

What are the risks if your EU subsidiary is named as responsible person?

Naming your EU subsidiary as the responsible person can work, but it creates real legal and operational exposure if the subsidiary is not set up for compliance work. The responsible person role requires timely cooperation with authorities, controlled access to technical documentation, and consistent product identification details. If the subsidiary cannot meet these obligations, you risk enforcement actions, marketplace listing blocks, and internal disruption.

Common risk areas to assess:

  • Liability and governance: The subsidiary may be reluctant to accept the role without clear internal approvals and defined responsibilities.
  • Authority responsiveness: Can it respond quickly during EU business hours and in relevant languages?
  • Document control: Can it securely store, retrieve, and provide the right documents for the exact model and identifiers sold?
  • Continuity: Reorganizations, address changes, or closure can force relabeling and marketplace updates.

To reduce risk, align the written mandate, internal processes, and the exact contact details shown on product labels, packaging, manuals, and online listings, because inconsistencies are a frequent cause of marketplace compliance rejections.

How EARP helps with EU responsible person requirements for companies with EU offices or subsidiaries

When you are unsure whether your EU office or subsidiary can serve as the responsible person, [COMPANY] helps you make the correct designation and keep documentation and communications audit-ready.

  • Assess whether your EU entity qualifies as the right economic operator for your products and sales model.
  • Identify gaps in documentation, labeling, and traceability information that marketplaces and authorities typically check.
  • Act as an independent EU responsible person where appropriate, with structured onboarding and clear mandate setup.
  • Store technical documentation and make it available to authorities upon request, with defined document control processes.
  • Support marketplace readiness by aligning responsible person details across packaging and listings.

Review our services, or contact us to confirm the right responsible person setup for your EU sales.

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