Is an EU Responsible Person legally liable for product safety issues?

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Jason van de Zande

An EU responsible person is not automatically “legally liable” for every product safety problem. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), the responsible person is an EU-based economic operator with defined compliance and cooperation duties. The manufacturer—and, in some cases, the importer or other supply chain operators—remains primarily responsible for product safety. Liability can still arise if the responsible person fails to meet its own legal duties.

Is an EU Responsible Person personally liable for unsafe products?

Usually, no. The responsible person is an economic operator role, not an individual, and it does not replace the manufacturer’s core responsibility to place only safe products on the EU market. In EU practice, “liable” can refer to administrative enforcement (orders, penalties) and, separately, civil or criminal liability under national law. The responsible person can face enforcement action if it breaches its specific GPSR duties.

In most cases, product safety defects, design flaws, manufacturing issues, and misleading instructions remain attributable to the manufacturer, and sometimes to the importer or distributor, depending on how the product is supplied. The responsible person’s exposure is typically tied to failures such as not providing required information to authorities, not cooperating, or not ensuring that required traceability and contact details are in place.

Practical takeaway: treat the responsible person as a compliance interface for authorities, not as a transfer of your product safety accountability.

What duties does the GPSR place on the EU Responsible Person?

The GPSR assigns the responsible person a set of operational duties focused on documentation, traceability, and cooperation with authorities. The responsible person must be able to provide information and documentation to market surveillance authorities upon request and support compliance actions. These duties are distinct from designing, manufacturing, or running production quality systems, which remain with the manufacturer.

  • Be the EU contact point for market surveillance authorities for GPSR-related matters.
  • Hold and make available relevant product safety documentation and information when requested by authorities.
  • Support traceability by ensuring the responsible person’s contact details are available as required (for example, on the product, packaging, or accompanying documentation, depending on the applicable rules and product constraints).
  • Cooperate with authorities during checks, investigations, and follow-up actions.
  • Escalate risk information appropriately within the supply chain, including notifying the manufacturer when the responsible person becomes aware of a risk, in line with Article 4 of the Market Surveillance Regulation (EU) 2019/1020 (MSR).

What the responsible person does not do by default: it does not run your product risk assessment, perform testing, control manufacturing changes, or certify compliance, unless separately contracted and legally appropriate.

How do market surveillance authorities enforce product safety and RP obligations?

Authorities typically start enforcement by requesting information, then escalate if responses are incomplete, late, or indicate safety concerns. Under the GPSR and the MSR, authorities can coordinate across Member States, and online listings can also be checked, especially where traceability details are missing. The responsible person must respond quickly, provide the requested documentation, and facilitate communication with the manufacturer.

  1. Trigger: a complaint, an accident report, a targeted campaign, customs or online marketplace signals, or a routine check.
  2. Information request: authorities ask for documentation, traceability details, warnings, and other safety information, usually with a deadline.
  3. Assessment: authorities review whether the product appears safe and whether required information is available and consistent.
  4. Corrective measures: authorities may order actions to bring the product into compliance, restrict availability, or require withdrawal or recall where needed.
  5. Penalties: Member States can impose penalties under national rules for non-compliance with obligations.

Actionable tip: keep a controlled, up-to-date documentation set and a clear internal process so the responsible person can obtain missing items from the manufacturer quickly when an authority contacts them.

How does EARP help with EU Responsible Person compliance under the GPSR?

We help you meet GPSR responsible person requirements with a structured, authority-ready process that focuses on documentation control, responsiveness, and clear traceability.

  • Appointment as your EU responsible person (economic operator) for GPSR purposes
  • Document intake and completeness checks against typical authority expectations
  • Secure storage of your technical documentation, with rapid provision when authorities request it
  • Liaison support with EU market surveillance authorities, including managing requests and timelines
  • Guidance on responsible person contact details placement for labels, packaging, and accompanying materials
  • Workflow for handling complaints and accident information, including escalation to the manufacturer

See our services for details, or contact us to discuss your products and the fastest path to GPSR responsible person coverage.

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