If your Responsible Person goes out of business, your documents do not automatically “transfer” to a new economic operator. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), you must still be able to provide the required technical documentation to the authorities upon request. If your Responsible Person held your only copy or controlled access, you may face delays, listing blocks, and compliance gaps. The safest approach is to keep your own master file and plan a clean handover.
What happens to my technical documentation if my Responsible Person stops operating?
If your Responsible Person stops operating, access to the documentation can be disrupted even though the legal requirement for it does not change. Authorities can still request product safety information, and you still need a functioning EU-based economic operator that can cooperate and provide documents when asked.
In practice, problems usually look like this: you cannot retrieve files that were stored only with the former Responsible Person; you miss deadlines for responding to market surveillance questions; or you cannot quickly prove that your product information and safety documentation match your labels and listings. If an online marketplace asks for evidence and you cannot respond consistently, your listings may be flagged or blocked.
- Keep a complete, exportable copy of your technical documentation under your control.
- Maintain a clear index so you can respond quickly to authority requests.
- Plan how you will update product labels and online listings if the Responsible Person’s details change.
Who is legally responsible for keeping and providing the documents under the GPSR?
Under the GPSR, the manufacturer remains responsible for ensuring that technical documentation exists, is accurate, and is kept up to date. The Responsible Person is an EU-established economic operator designated to perform specific cooperation and documentation tasks, including being able to provide information and documentation to market surveillance authorities upon request.
The GPSR works alongside other frameworks, including the Market Surveillance Regulation (EU) 2019/1020 (MSR), which sets cooperation expectations for economic operators and authorities. Roles matter: the manufacturer places the product on the market under its name or trademark; the importer is EU-established and places products from third countries on the EU market; the distributor makes products available in the supply chain; and a fulfilment service provider can become the Responsible Person by operation of law if no other EU-based economic operator exists.
| Role | Document responsibility (practical) |
|---|---|
| Manufacturer/brand | Creates and maintains the master technical documentation set. |
| Responsible Person (EU economic operator) | Must be able to provide information and documentation to authorities upon request. |
| Importer/distributor/fulfilment service provider | Have their own verification and cooperation duties and may hold copies depending on their role. |
How can I reduce risk before choosing a Responsible Person?
You reduce risk by treating document continuity as a selection criterion, not an afterthought. A Responsible Person should have a clear, written process for document custody, access, and handover, because you may need to respond quickly to authority questions and marketplace checks.
- Contract clarity: define document custody, return, and handover obligations if the relationship ends.
- Access rights: ensure you can retrieve all files promptly in a standard format.
- Backups: keep your own master technical file; do not rely on the Responsible Person as the only repository.
- Data security: confirm secure storage, controlled access, and audit trails.
- Retention: align retention periods with your product and any applicable sector rules.
- Change-of-Responsible Person plan: prepare label and listing update steps so identifiers and contact details remain consistent.
- Version control: maintain a document register with dates, product identifiers, and revision history.
How EARP helps with Responsible Person continuity and document access under the GPSR
At EARP, we focus on continuity and fast document availability so you can continue to meet GPSR duties even when circumstances change. Our Responsible Person support is designed around controlled access, clear processes, and predictable handovers.
- Structured onboarding with a documentation presence and completeness check.
- Secure handling and organized storage of technical documentation for efficient retrieval.
- A defined process for responding to market surveillance authority requests with the right documents.
- Change management support when you need to update labels and online listings to reflect Responsible Person details.
- Clear scope and role alignment when an Authorized Representative mandate is also needed.
Review our services to see what fits your product and sales model, then reach out via our contact page to discuss a continuity plan for your documentation and Responsible Person setup.
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