GPSR vs CE Marking: What’s the Difference for American Exporters?

If you’re an American company selling products in the EU, you’ve probably heard about both GPSR and CE marking. But understanding how these two regulatory frameworks work together can feel overwhelming. The good news is that once you understand their distinct purposes, navigating EU product safety laws becomes much clearer.

This guide breaks down the key differences between GPSR vs CE marking compliance requirements, helping American exporters understand which regulations apply to their products and how to avoid common compliance mistakes that could disrupt your EU market access.

What is GPSR and why American exporters need to know about it

The General Product Safety Regulation (EU) 2023/988 (GPSR) came into full effect on 13 December 2024, replacing the previous General Product Safety Directive. This regulation creates a comprehensive safety framework for all products placed on the EU market, whether new, used, repaired, or reconditioned.

For American exporters, GPSR compliance for US companies means understanding that this regulation applies to virtually every product intended for consumers or likely to be used by consumers under reasonably foreseeable conditions. The regulation covers both physical and digital products, including software, with only specific exemptions like medicinal products, food, feed, and antiques.

Key GPSR Requirements for American Businesses

The GPSR introduces several mandatory requirements that directly impact American businesses:

Ensure your products undergo proper risk assessment
Compile technical documentation demonstrating product safety
Designate a Responsible Person established within the EU (most critical requirement)
Maintain ongoing safety monitoring throughout product lifecycle
Establish procedures for market surveillance cooperation
Implement accident reporting systems

Online marketplaces like Amazon and eBay now require proof of a designated Responsible Person before allowing you to sell on their platforms. This makes GPSR compliance not just a legal requirement, but a practical necessity for maintaining your EU sales channels.

How CE marking differs from GPSR compliance requirements

CE marking and GPSR serve fundamentally different purposes in EU product regulation, though they often work together rather than replace each other. Understanding these differences helps American exporters navigate their specific compliance obligations more effectively.

Aspect	CE Marking	GPSR
Primary Purpose	Product conformity to specific technical standards	General safety framework for all consumer products
Scope	Specific product categories under harmonised legislation	All consumer products regardless of category
Timing	Point of market entry	Throughout entire product lifecycle
EU Representative	Authorized Representative (optional)	Responsible Person (mandatory)
Focus	Initial technical compliance	Ongoing safety monitoring and response

CE marking requirements focus on product conformity to specific technical standards within harmonised EU legislation. When you affix a CE mark to your product, you’re declaring that it meets all applicable directives such as the Low Voltage Directive (LVD), Electromagnetic Compatibility (EMC), or Radio Equipment Directive (RED). This system requires specific conformity assessment procedures, technical documentation, and often involves notified bodies for testing and certification.

GPSR, by contrast, provides a general safety framework that covers all consumer products, regardless of whether they fall under specific harmonised legislation. It focuses on ongoing safety obligations throughout the product lifecycle, including risk assessment, market surveillance cooperation, and accident reporting. While CE marking proves initial conformity, GPSR ensures continued safety monitoring and response capabilities.

Which products need GPSR vs CE marking compliance

Determining whether your products need GPSR only, CE marking only, or both depends on their specific characteristics and intended use. This breakdown helps American exporters identify their exact compliance requirements.

GPSR Compliance Only

Most general consumer goods that don’t fall under specific EU harmonised legislation require GPSR compliance only:

Household items and kitchenware
Toys without electronic components
Sports equipment (non-electronic)
Furniture and home décor
Clothing and accessories
Lifestyle and personal care products

These products need a designated Responsible Person, technical documentation demonstrating safety, and compliance with general safety requirements.

CE Marking Only

Products requiring CE marking only are typically industrial equipment exclusively intended for professional use where consumer access is not reasonably foreseeable. However, this category is quite narrow, as most products that could potentially reach consumers also fall under GPSR.

Both GPSR and CE Marking Required

Many products require dual compliance:

Electronic household appliances
Fitness equipment with electronic components
Personal protective equipment
Smart home devices
Consumer electronics
Medical devices for consumer use

Software Products – Special Considerations

Standalone software: Falls under GPSR as it meets the definition of a product intended for consumers
Integrated software: Typically follows the compliance requirements of the host device
Safety focus: GPSR regulates safety aspects rather than treating software under traditional software regulation

When products fall under both frameworks, different chapters of GPSR apply depending on existing harmonised legislation coverage. All products must comply with GPSR obligations for online marketplace requirements, market surveillance cooperation, and accident reporting, even when covered by specific CE marking directives.

Common compliance mistakes American exporters make with EU regulations

American companies frequently make predictable errors when navigating GPSR and CE marking requirements. Understanding these common pitfalls helps you avoid compliance disruptions that could affect your EU market access.

Top 5 Compliance Mistakes to Avoid

Responsible Person Confusion
- Assuming EU distributors automatically handle this role
- Failing to formally designate a qualified Responsible Person
- Not verifying the person’s regulatory compliance expertise
Documentation Gaps
- Preparing CE marking docs but neglecting GPSR safety documentation
- Missing comprehensive risk assessment documentation
- Lacking safety information in local EU languages
- No procedures for handling market surveillance requests
Regulatory Relationship Misunderstanding
- Believing CE marking covers all EU requirements
- Thinking GPSR replaces CE marking obligations
- Creating compliance gaps through incomplete understanding
Market Surveillance Preparation Failures
- No communication procedures for authority requests
- Lack of accident reporting systems
- Missing recall situation protocols
- Inadequate escalation procedures
Online Marketplace Requirements Oversight
- Discovering platform requirements only after listing suspension
- Not planning for marketplace-specific verification procedures
- Inadequate preparation for compliance documentation requests

At EARP, we help American exporters navigate these regulatory complexities by providing dedicated Authorized Representative and Responsible Person services. Our 25 years of experience in EU regulatory compliance means we understand both the technical requirements and practical implementation challenges that American companies face when entering the EU market. We handle the regulatory burden so you can focus on growing your business while maintaining full compliance with both GPSR and CE marking requirements.

If you are looking for support or to learn more, contact our team of experts today