Does the GPSR apply to secondhand and used products?

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Jason van de Zande

The General Product Safety Regulation (EU) 2023/988 (GPSR) can apply to secondhand and used products when they are made available on the EU market in the course of a commercial activity, including online sales. The key questions are whether the item is a “consumer product,” whether it is being supplied by a trader (not a private individual), and which economic operator role you have. Below are the most common GPSR questions for used-goods sellers and refurbishers.

Does the GPSR cover secondhand and used products sold in the EU?

Yes, the GPSR can cover secondhand and used consumer products sold in the EU when they are placed on the market or made available through a commercial activity, including distance sales. The same general rule applies: only safe products may be supplied to consumers, regardless of whether the product is new or used.

In practice, obligations depend on your role in the supply chain—for example, manufacturer, importer, distributor, fulfilment service provider, or provider of an online marketplace—and on how the product is offered to consumers. The GPSR also applies to products offered online when the offer is directed at EU consumers, assessed on a case-by-case basis (for example, EU languages, EU shipping destinations, EU currencies, or EU-focused domains).

Common limits to scope include situations where a product is clearly marketed as requiring repair or refurbishment before it can be used, so consumers are not misled about its safety status at the point of sale. Certain antiques or collectors’ items may also fall outside typical consumer safety expectations, depending on how they are presented, but sellers should avoid assuming an automatic exemption and should check the specific facts and applicable rules.

Who is responsible for GPSR compliance when selling used goods online?

Responsibility usually sits with the economic operator that makes the used product available to EU consumers as part of a business activity, and it can involve multiple actors. A professional reseller or refurbisher must ensure the product is safe, provide required product information, and cooperate with market surveillance authorities. Online marketplaces have their own GPSR duties to structure listings so that traders provide required safety and traceability information.

For many consumer products, EU rules also require an EU-based Responsible Person (an economic operator established in the Union) to be identified for the product. This is especially relevant for non-EU businesses selling directly to EU consumers, including via marketplaces, because platforms may request Responsible Person details before allowing listings.

Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), the Responsible Person has defined tasks, including being a contact point for authorities and, when the Responsible Person has reason to believe a product presents a risk, informing the manufacturer. Sellers should also plan for traceability, clear contact details, and timely cooperation if authorities request documentation or take enforcement action.

What practical steps should sellers take to comply with GPSR for secondhand products?

Sellers should treat used-goods compliance as a repeatable process, confirm the product is safe for reasonably foreseeable use, and keep product information and traceability ready for checks. The goal is to show that the product, as supplied, meets the GPSR general safety requirement and that required operator information is available.

  • Confirm applicable rules: Check whether the product is covered by the GPSR and whether other EU harmonisation laws apply (for example, electrical, radio, toys, cosmetics, or PPE rules).
  • Assess safety as sold: Inspect for damage, missing guards, overheating risks, battery issues, sharp edges, choking hazards, or degraded materials, based on foreseeable consumer use and misuse.
  • Be clear about condition: If the item needs repair or refurbishment before it can be used safely, market it clearly as such and do not present it as ready to use.
  • Provide instructions and warnings: Supply safety information in the languages of the Member States where you target consumers, and ensure warnings match the actual product configuration.
  • Maintain traceability: Keep identifiers such as model, batch, and serial number (when available), supplier details, and sales records so units can be traced.
  • Prepare for corrective actions: Have a process for complaints, safety signals, withdrawals, recalls, and consumer communications, and keep listing content aligned with any corrective measures.
  • Keep documentation accessible: Store safety-related documents, test reports (if available), risk assessments, and listing evidence so you can respond quickly to authority or platform requests.
  • Check online listing fields: Ensure the listing shows required economic operator and contact details, and that photos show labels and warnings where relevant.

How does EARP help with GPSR compliance for secondhand and used products?

We help non-EU manufacturers, brands, and sellers meet GPSR and MSR expectations for used and secondhand consumer products by providing EU-based regulatory representation and practical documentation support.

  • Acting as your EU GPSR Responsible Person, and as an Authorized Representative where applicable
  • Reviewing, checking, and storing product safety documentation so it is available when authorities request it
  • Liaising with EU market surveillance authorities and supporting timely, consistent responses
  • Providing guidance on listing information, traceability details, and marketplace documentation workflows

See our GPSR compliance services, or contact us to discuss your used-goods product range and the fastest path to compliant EU market access.

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