GPSR vs Product Liability Directive: What’s the Difference?
GPSR and the Product Liability Directive both deal with unsafe products, but at different moments. GPSR (Regulation (EU) 2023/988) is about prevention. It sets the rules you follow before and after you sell, and authorities enforce it. The new Product Liability Directive (Directive (EU) 2024/2853) is about compensation. It decides who pays when a defective product harms someone, and it covers products placed on the EU market after 9 December 2026.
That date is close, and it’s the reason to read the two laws together. Under the new directive, breaking a safety rule can be enough for a court to presume your product was defective. So your GPSR paperwork isn’t just for regulators anymore. It could also be your best defence in a claim.
Below, we compare the two side by side, walk through one faulty product under both laws, and show who’s on the hook when you sell into the EU from outside it.
GPSR and the PLD side by side
The simplest way to remember it: GPSR tells you what to do so nobody gets hurt. The PLD decides what happens if someone does.
| GPSR | New Product Liability Directive | |
| Law | Regulation (EU) 2023/988 | Directive (EU) 2024/2853 |
| How it applies | Directly, the same in every EU country | Each EU country writes it into national law |
| Main job | Keep unsafe consumer products off the market | Compensate people harmed by defective products |
| When it matters | Before sale and for as long as the product is on the market | After damage has happened |
| Applies from | 13 December 2024 | Products placed on the market after 9 December 2026 |
| Products covered | Consumer products, where no sector law covers the same risk | Products of all kinds, including software, AI systems, components and digital manufacturing files |
| Who has duties or liability | Manufacturers, importers, distributors, Authorised Representatives, fulfilment service providers, online marketplaces | Manufacturers, importers, Authorised Representatives, fulfilment service providers, and in some cases distributors and online platforms |
| Who enforces it | Market surveillance authorities | Courts, when an injured person brings a claim |
| Do you need to be at fault? | Not relevant. The duties apply regardless | No. Liability is strict |
| Typical result | Withdrawal, recall, listing removal, national penalties | Compensation for injury, property damage or lost data |
| Time limits | Ongoing duties | Claims within 3 years of awareness, and generally within 10 years of the product being placed on the market (25 for latent injury) |
What GPSR does
GPSR is a rulebook for keeping consumer products safe. It has applied since 13 December 2024 and works as a safety net. Where a sector law such as the Toy Safety Directive covers a risk, that law takes the lead, and GPSR fills the gaps.
For most sellers, the day-to-day duties look like this:
- A documented risk analysis and technical file for each product (Article 9)
- An EU-based Responsible Person, whose details appear on the product or its packaging (Article 16)
- Full safety details in your online listing, including manufacturer and Responsible Person contacts (Article 19)
- Accident reporting through the Safety Business Gateway when a product causes serious harm (Article 20)
- Recalls with a real remedy for buyers, such as a repair, replacement or refund
Authorities enforce GPSR. If they find a problem, they can order a withdrawal or recall, and each EU country sets its own penalties. Marketplaces like Amazon and Etsy have their own GPSR duties too, which is why listings missing safety details can be blocked.
New to GPSR? Our guide to GPSR regulations covers the basics.
What the new Product Liability Directive does
The PLD answers one question: when a defective product causes damage, who pays? The injured person doesn’t have to prove anyone was careless. They need to show the product was defective, that they suffered damage, and that one caused the other.
The new directive replaces the 1985 version (Directive 85/374/EEC), which was written long before apps, smart devices and online marketplaces. The main changes are:
- Software counts as a product. So do AI systems, digital manufacturing files and components.
- More kinds of damage qualify. Medically recognised psychological harm and the loss or corruption of personal (non-work) data are now covered.
- The €500 minimum is gone. Small property damage claims can now be brought.
- More businesses can be liable. When the manufacturer is outside the EU, claims can go to the importer, the Authorised Representative or the fulfilment service provider.
- Courts can order you to disclose evidence, such as test reports and design records (Article 9).
- Defects can be presumed. One trigger is a product that breaks mandatory safety requirements (Article 10).
- Updates count. If you control a product’s software, a harmful update, or a missing security update, can make you liable after sale.
The directive applies to products placed on the market after 9 December 2026. Anything placed on the market before then stays under the old rules, so both regimes will run side by side for years.
For more detail, see our guide on who is liable under the new PLD.
One faulty product, two laws: an example
Say a US brand sells a rechargeable hand warmer on Amazon.de in 2027. It has no EU office, so it uses an EU Authorised Representative. One winter, a unit overheats. The buyer burns their hand, and the warmer damages their laptop.
Here’s how each law kicks in.
| Under GPSR | Under the new PLD | |
| What starts it | The accident, or a report to the authority | The buyer’s compensation claim |
| Who acts | The brand reports the accident through the Safety Business Gateway. The authority may contact the Responsible Person | The buyer’s lawyer looks for a liable business in the EU |
| Who is in the frame | The brand and its EU Responsible Person, plus Amazon for its marketplace duties | The importer and the Authorised Representative. A fulfilment service provider if neither exists |
| What gets checked | Risk analysis, test reports, warnings, traceability | Whether the product was defective, often using the same documents |
| Possible outcome | Withdrawal, recall, remedy for other buyers, penalties | Compensation for the burn and the laptop |
Notice the overlap. If the brand skipped its battery risk analysis or the warmer broke a mandatory safety requirement, that gap could help the buyer’s claim. A court may presume the product was defective, and the brand would have to prove otherwise.
Who’s on the hook when you sell from outside the EU
Both laws make sure there’s always someone in the EU to answer for a product. But they ask different things of each business in the chain.
| Role | GPSR | New PLD |
| Non-EU manufacturer | Main safety duties, and must have an EU Responsible Person | Liable, though claims are hard to pursue abroad |
| Importer | Checks documents and labels, reports risks | Liable for products it imports |
| Authorised Representative | Verifies documents, cooperates with authorities, acts as Responsible Person | Liable alongside the importer. This is new |
| Fulfilment service provider | Can act as Responsible Person when no other EU operator exists | Liable only when there is no importer or Authorised Representative |
| Online marketplace | Its own GPSR duties, such as acting on Safety Gate alerts | Liable only if it presents the product as its own and can’t name an EU operator in time |
| Distributor | Checks labels and documents before selling | Liable only if it can’t name the business that supplied it within one month of a request |
The big shift is for Authorised Representatives. Under the 1985 rules, they weren’t on the list. Now they are. If you use an AR, it’s worth asking how they handle liability and whether your contract and insurance reflect it.
Selling through Amazon, Etsy or Shopify? Our post on the new PLD for marketplace sellers goes deeper.
How good GPSR records help if a claim comes in
GPSR compliance won’t stop someone from making a claim. The PLD is strict liability, so a safe-looking file isn’t a free pass. What it does is give you evidence, and the PLD makes evidence matter more than before.
Two things change the picture. Courts can order you to hand over relevant documents. And if your product broke a mandatory safety rule, the court can presume it was defective. Either way, the paperwork you keep for GPSR is the paperwork you’d rely on in court.
These records do double duty:
- Risk analysis and technical file. They show you thought about the risk that caused the harm.
- Test reports and certificates. They show the product met the relevant standards when you sold it.
- Batch and serial numbers. They help prove which units were affected and when they were placed on the market.
- Complaint and accident logs. They show you watched for problems after sale.
- Recall and corrective action records. They show what you did once you knew.
- Software and update history. It matters if your product relies on software you control.
Keep them organised and easy to find. If a court asks for evidence, you’ll want to hand over the right file quickly, without exposing more than you need to.
Key dates
| Date | What happens |
| 12 June 2023 | GPSR enters into force |
| 8 December 2024 | New PLD enters into force |
| 13 December 2024 | GPSR applies across the EU and in Northern Ireland |
| 9 December 2026 | Deadline for EU countries to put the new PLD into national law |
| After 9 December 2026 | New PLD covers products placed on the market from this point |
If you’re launching new products or new batches around December 2026, note the date each one is placed on the market. That date decides which liability rules apply.
What about the UK?
The UK is split in two here.
Great Britain isn’t covered by either EU law. It has its own product safety rules, and liability still runs on the Consumer Protection Act 1987, though the Law Commission is reviewing it. Northern Ireland is different. It follows EU rules, so GPSR already applies there and the new PLD is on its way.
Northern Ireland follows EU product rules under the Windsor Framework. GPSR has applied there since 13 December 2024. The new PLD has to be brought into Northern Ireland law on the same timeline as EU countries, for products placed on the NI market after 9 December 2026.
If you sell into both GB and NI, expect different liability rules on each side for a while.
Frequently Asked Questions
Not completely. The PLD is strict liability, so a compliant product can still lead to a claim if it turns out to be defective. Good GPSR records help you defend it, and gaps in them can work against you.
Only to units placed on the market after 9 December 2026. Units placed on the market before that date stay under the 1985 rules.
Under the new PLD, yes. When the manufacturer is outside the EU, the Authorised Representative is one of the businesses that can be held liable, alongside the importer.
Under the new PLD, yes. Software is treated as a product, whether it’s built into a device or sold on its own.
The directive doesn’t make it compulsory. But with more businesses and more types of damage covered, it’s a good time to check your policy covers claims in the EU & UK.
How Euverify can help
Euverify is your compliance partner in the EU & UK. We act as your EU & UK Authorised Representative and Responsible Person, and our platform keeps your risk assessments, technical files and Declarations of Conformity together in one place. That’s useful for GPSR checks today, and for any evidence request down the line.
Want to see where your products stand before December? Book a demo and we’ll walk you through it.
