New European Regulation 2023/988. How does it impact ecommerce?

New European Regulation 2023/988. How does it impact ecommerce?

The New European Regulation 2023/988 marks a significant milestone in the regulation of e-commerce within the European Union. This regulation, which came into force recently, aims to strengthen consumer protection and ensure a safer and more transparent digital marketplace.

For ecommerce the impact is considerable, as it introduces new obligations in terms of transparency, product safety and consumer rights. Ecommerce companies will need to adapt to these regulations to avoid penalties and remain competitive in the European market. This article explores in detail how Regulation 2023/988 affects ecommerce, highlighting the main areas of change and offering practical advice for a smooth transition.

GPSR regulations for the European market

Some of the most significant changes are as follows:

1. The new regulation broadens the scope of application to include products sold online and second-hand products, provided they are not antiques or products that need repair before use.
2. It reinforces the responsibilities of manufacturers, importers and distributors to ensure that products are safe before they are placed on the market. Ecommerces, acting as distributors, have a responsibility to ensure that the products they sell are safe. This involves verifying that products meet safety requirements before they are offered to consumers.
3. Stricter safety requirements are established and new obligations for risk assessment are introduced, especially in relation to products incorporating new technologies.
4. Market supervision is improved and more powers are given to the authorities to withdraw dangerous products from the market.
5. Measures are introduced to improve product traceability, including the obligation to provide clear and accessible product safety information.
6. Online platforms have new obligations to ensure that products sold through their services comply with safety requirements.

Who is affected by the regulation?

The regulation primarily affects manufacturers, importers and distributors of products on the EU market, as it establishes requirements to ensure that products are safe for consumers.

• Manufacturers: they must ensure that products are safe and comply with safety requirements before they are placed on the market.
• Importers: they are responsible for ensuring that the products they place on the market comply with safety regulations.
• Distributors: they must act with due diligence to ensure that the products are safe.

To comply with the regulation ecommerces must introduce several changes immediately to ensure compliance and avoid penalties. Here are some key steps:

1. Develop procedures to assess the risks associated with products sold. This may include review of safety reports and manufacturer certifications.
2. Work closely with suppliers to ensure that all products comply with safety regulations. This may involve requiring compliance testing and safety certifications.
3. Train personnel on new regulatory requirements and company responsibilities for product safety.
4. Review and update internal policies and procedures to align with the new requirements of the regulation. This includes risk management policies, product recall procedures and communication protocols with authorities.
5. Establish an ongoing monitoring system to identify and address any safety issues that may arise with products sold.

In conclusion, this regulation seeks to improve the safety of products on the EU market and protect consumers from dangerous products. It is important for companies operating in the EU to familiarize themselves with these requirements to ensure compliance and avoid penalties.