By: Petr Berdych
April 22, 2025 6 min read
The General Product Safety Regulation[1], which replaces Directive 2001/95/EC, is effective from 13 December 2024. Unlike the Directive, the Regulation is directly applicable in all EU Member States, thus ensuring uniform rules. At the same time, it strengthens consumer protection, especially in the area of safety of products bought online.
Based on this regulation, a new Act on General Product Safety was created[2], which regulates the competences of supervisory authorities in the Czech Republic and sets out penalties for breach of product safety obligations.
A safe product is one that does not present an unacceptable risk under normal or foreseeable conditions of use. The safety assessment of a product takes into account not only its characteristics, but, among other things, also:
The Regulation does not apply to products regulated by specific legislation, such as food, medicines, antiques, pesticides or animal feed.
The competent supervisory authority varies according to the type of product. Unless a specific law specifies otherwise (e.g., hygiene authorities), product safety supervision is carried out by the Czech Trade Inspection Authority (CTIA).
Only safe products may be placed on the market. Importers[3] and distributors[4] must not place goods on the market that do not meet the safety requirements, or where mandatory information is missing, such as:
In addition to manufacturers, other links in the distribution chain also control the safety of products. Where a dangerous product has been placed on the market, importers and distributors have a duty to ensure that the product is brought into conformity with the Regulation by taking corrective action, including withdrawal from the market or from circulation.
If supervisory authorities find that a product offered or advertised on an online marketplace platform is unsafe, they can order marketplaces to:
Consumers are now entitled to have the product repaired, replaced or refunded if the product has been withdrawn from circulation because it is unsafe. The process must be simple and must not burden consumers with unnecessary costs – for example, for the return transport of the product.
Economic operators[6] and supervisory authorities are obliged to provide clear and comprehensible information on dangerous products and the risks related to them. If a product is withdrawn from circulation, consumers must be informed immediately.
The Regulation adopts and modernises the early warning system for the exchange of information on corrective actions concerning dangerous products – Safety Gate. The system is primarily aimed at rapid exchange of information on dangerous products between EU Member States. However, the system also includes a public section, where consumers and other users can access updated information on dangerous products.
When selling products at a distance, all operators must ensure that the consumer receives important information before the purchase.
Each product offer must include:
The new Regulation introduces uniform rules for product safety throughout the EU and increases the responsibility of all entities in the supply chain. Online marketplace providers, importers and distributors now have a greater responsibility to withdraw unsafe products and to inform consumers. These measures will make it easier for consumers to obtain information on dangerous products.
[1] Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety, available HERE
[2] Act No. 387/2024 Coll., on general product safety and on amending certain related acts, as amended, available HERE
[3] An importer is simply defined as a person established in the EU who imports a product from a third country into the EU.
[4] A distributor is simply defined as a person other than the manufacturer or importer who supplies a product to the market.
[5] Simply put, an online marketplace provider is a person who operates an online platform, through which transactions between consumers and traders are facilitated.
[6] An economic operator is a manufacturer, importer, distributor and other persons who have obligations in relation to the manufacture or supply of products on the market under the Regulation
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