What is the difference between a Responsible Person and a distributor under EU law?
The difference is that a responsible person is an EU-established economic operator formally designated as the compliance contact for a product, while a distributor is a supply chain actor that makes products available in the EU. A distributor can have safety duties, but they are not automatically the responsible person. Below are the key definitions, obligations, and a side-by-side comparison for non-EU manufacturers and online sellers.
What is a Responsible Person under EU product safety law?
Under the General Product Safety Regulation (EU) 2023/988 (GPSR), a responsible person is an economic operator established in the EU that is identified for a product and acts as the main regulatory contact point in the Union. This role is required when products are made available to EU consumers and the manufacturer is not established in the EU, unless another EU-based economic operator in the chain fulfils the role.
Who can act as the responsible person depends on the supply chain and applicable rules; it can be an importer, a distributor, a fulfilment service provider, or an authorised representative established in the EU. Core duties typically include:
- Being reachable by market surveillance authorities and cooperating with requests.
- Holding, or being able to provide access to, required product safety documentation when requested.
- Helping ensure required identification and contact details are available on the product, packaging, or accompanying documents, as applicable.
- Under the Market Surveillance Regulation (EU) 2019/1020 (MSR), informing the manufacturer when there is reason to believe a product presents a risk, as described in Article 4.
What is a distributor under EU law and what are their obligations?
A distributor is an economic operator in the EU supply chain that makes a product available on the market after it has been placed on the market, without being the manufacturer or importer. Distributors are not appointed to represent the manufacturer; they act in their own commercial capacity. Their obligations come from the GPSR and, where relevant, sector legislation, and they generally focus on due care, traceability, and cooperation.
Typical distributor obligations include:
- Due care: not supplying products they know, or should assume, are unsafe or non-compliant.
- Checks before supply: verifying the product bears required identification, warnings, and economic operator contact details, where required.
- Traceability: keeping information that helps identify upstream and downstream operators, as required by the applicable framework.
- Corrective actions: cooperating on withdrawals, recalls, and consumer warnings when needed.
- Authority cooperation: providing information and assisting market surveillance authorities upon request.
What is the difference between a Responsible Person and a distributor?
A responsible person is a designated compliance role tied to the product and meant to ensure there is an EU-based point of contact for authorities. A distributor is a commercial supply chain role that sells or supplies the product in the EU. A distributor may also be the responsible person, but only if they take on that function under the legal conditions; it is not automatic.
| Topic | Responsible person | Distributor |
|---|---|---|
| Legal nature | Compliance contact role for a product | Supply chain operator making products available |
| How it exists | Must be identified for relevant products sold to EU consumers | Exists when a business distributes the product in the EU |
| Position in supply chain | Any EU-established economic operator that fulfils the role | Downstream from the manufacturer or importer |
| Key focus | Authority liaison, documentation availability, cooperation | Due care, checks, traceability, corrective actions |
| Common misconception | “My distributor automatically covers the responsible person requirement.” This is only true if the distributor formally fulfils the responsible person function and their details are used as required. | |
Practical takeaway for non-EU sellers: if you sell direct-to-consumer online and do not have an EU importer, distributor, or fulfilment partner willing and able to take on the responsible person role, you still need an EU-established economic operator to meet that requirement; otherwise, listings and market access can be disrupted.
How EARP helps with Responsible Person and distributor compliance under EU law
We help non-EU manufacturers and online sellers meet responsible person requirements and understand distributor obligations, without mixing compliance with commercial distribution. Our support includes:
- Providing an EU Responsible Person and authorised representative support through our services.
- Checking for the presence and completeness of required product safety documentation, and storing documentation so it can be made available to authorities upon request.
- Acting as an EU contact point for market surveillance authority communications and cooperation requests.
- Guidance on how distributor, importer, and fulfilment service provider responsibilities differ under the GPSR and the MSR, so your supply chain roles stay clear.
If you need an EU-based responsible person, or you are unsure whether your distributor can legally cover that role, contact us here: contact page.
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