FAQ on the EU Product Safety Regulation (GPSR)

2023/988/EU

Foreword (disclaimer)

The information contained in this FAQ list has been compiled to the best of our knowledge and belief and is for general guidance and information purposes only.

However, it does not constitute legal advice or a binding legal basis.

Each person concerned is responsible for familiarizing themselves with the current applicable laws, regulations and requirements relevant to their specific personal circumstances and their respective areas of application.

Please note that regulations and legal requirements may vary from country to country and are sometimes interpreted or applied in different ways.

It is recommended to seek legal or professional advice in ambiguous legal cases to ensure compliance with all respective applicable regulations.

No limit or warranty: No liability is assumed for the accuracy, completeness and up-to-datedness of the information provided.

FAQ on the EU Product Safety Regulation (GPSR) 2023/988/EU

The EU Product Safety Regulation (GPSR) lays down uniform rules for the safety of products sold in the EU. It replaces the previous Product Safety Directive and ensures that only safe products are available on the European market. The regulation aims to improve consumer protection and facilitate trade in the EU.

The GPSR was introduced to meet the demands of the digital age and to keep pace with developments in technology and global trade. It harmonizes the safety standards for all types of products and ensures that new and innovative products, especially connected products, are safe for consumer usage.

  • Extended responsibility for online marketplaces: Platforms that sell or broker products must from now on also ensure that the products they offer are safe.
  • Connected products: There are new requirements regarding connected and smart products to enhance and ensure cybersecurity.
  • Increased market monitoring: New market supervision mechanisms have been introduced to respond more quickly to unsafe products.
  • Obligation for traceability: Companies must ensure that products can be tracked in order to carry out recalls more effectively.

The GPSR applies to all products that are intended for the end consumer and are sold in the EU. This includes physical as well as digital products, in particular connected devices and software.
This Regulation applies to products placed or made available on the market to the extent that there are no specific provisions on the safety of the products concerned (i.e. pursue the same objective) stipulated by EU law.
Where specific product safety requirements and standards are laid down in EU law, this Regulation shall apply only to those aspects and risks or categories of risks that are not covered by those requirements and standards.

Products must be designed and manufactured in such a way that, under normal or foreseeable conditions of use, they do not endanger the safety or health of consumers. This stipulation does not only include physical safety but also the safety of software and data security for networked devices.

  • Manufacturers must ensure that their products comply with all safety requirements, that all necessary inspections and tests are carried out and that all the products in question are correctly labeled.
  • Dealers and distributors are obliged to ensure that the products they sell meet all safety requirements and are properly documented. They must also be able to trace the origin of products.

Extract from 2023/988/EU Regulation
Section 1 Article 9
Obligations of manufacturers

(1) When putting their devices on the market, manufacturers shall ensure that those devices have been designed and manufactured in compliance with the general safety requirement standards stipulated in Article 5.

(2) Before placing their devices on the market, manufacturers shall carry out an internal risk analysis and draw up a technical documentation including at least a general description of the device and its essential characteristics relevant for the assessment of its safety.

(3) Manufacturers shall ensure that the technical documentation referred to in paragraph 2 is kept up to date. They shall keep that documentation at the disposal of the market surveillance authorities for a period of 10 years after the product has been placed on the market and shall make it available to those authorities upon request.

(4) Manufacturers shall ensure that appropriate procedures are in place to ensure that products manufactured in series always comply with the general safety requirement standards stipulated in Article 5.

(5) Producers shall ensure that their products bear a type, batch or serial number or similar element that is easily recognizable and legible by consumers thus allowing their identification, or, where the size or nature of the device does not allow it, that the required information is provided on the packaging or in a document accompanying the product.

(6) Manufacturers shall indicate their name, registered trade name or registered trademark, postal address and ►C1 electronic address ◄ and, where different, the postal or ►C1 electronic address ◄ of the single contact point at which they can be contacted. This information shall be specified on the product itself or, if this is not possible, on the packaging or in a document accompanying the product. * ►C1 Latest consolidated version: 23/05/2023

(7) Manufacturers shall ensure that their product is accompanied by clear instructions and safety information in a language which can easily be understood by consumers and which is decreed by the Member State in which the product is made available on the market. This requirement shall not apply if the product can be used safely and as intended by the manufacturer without such instructions and safety information.


Section 2 Article 21
Information in electronic form

Without prejudice to Article 9(5), (6) and (7), Article 11(3) and Article 16(3) and the relevant provisions of Union harmonization legislation, economic operators may additionally provide the information referred to in those provisions in digital form by means of electronic technical solutions that are clearly visible on the product or, if not possible, on its packaging or in a document accompanying the product. That information shall be provided in a language that can easily be understood by consumers, as decreed by the Member State in which the product is made available on the market, including in formats accessible and comprehensible to persons with disabilities.

If a product is deemed unsafe, it can be withdrawn from the market, recalled or repaired. Authorities have extended powers to react quickly and within a reasonable time period. Companies must also communicate recalls and safety warnings to consumers.

Online marketplaces such as Amazon® or eBay® must ensure that all products offered on their platform meet the same safety requirements as products sold in brick-and-mortar stores. They must also verify the identity of the sellers and the origin of the products.

Connected products and software must not only be physically secure, but also protected against cyber attacks. Manufacturers must ensure that their products are regularly updated, that security gaps are closed and data is correctly and properly protected.

The GPSR is enforced by national market surveillance authorities in each EU Member State. These authorities have extended powers to inspect, investigate and withdraw unsafe products from the market. In addition to that there is a system for cooperation between Member States to resolve cross-border problems efficiently.

Companies that violate the provisions of the GPSR may be subject to fines, sales bans or other legal measures. The regulation also provides for liability on the part of manufacturers and retailers if consumers are harmed by unsafe products.

The GPSR provides a basis for a uniform legal framework for all companies in the EU, i.e. simplifies trade and promotes competition. Due to clear safety standards and better market surveillance, companies can build trust with their customers and minimize product liability risks.

Regulation (EU) 2023/988 was adopted on May 10, 2023 and came into force with the transition phase, which lasted from May 10, 2023 to December 13, 2024. All relevant actors in the EU must comply with it.

CORDIAL FAQs regarding the Product Safety Regulation (GPSR)

Absolutely! Cordial is fully committed to complying with and successfully implementing all relevant applicable laws, directives and regulations, such as GPSR, REACH, RoHS, CE, WEEE, etc.

According to the GPSR, the manufacturer must ensure that each product is accompanied by clear instructions and safety information. This requirement is only waived if the product can be used safely and in accordance with its intended use without such information.

Yes, the Product Safety Regulation obliges the manufacturer to ensure that the product is accompanied by clear instructions and safety information in a language easily understood by consumers, as decreed by the Member State in which the product is placed on the market. This requirement is only waived if the product can be used safely and in accordance with its intended use without such information.

The instruction manuals have been prepared in compliance with IEC/IEEE 82079-1:2019, an international standard that defines requirements for the preparation and drawing up of instructions for products and systems. This standard, also known as the “instructions for use standard”, institutes a standardized framework for the design and provision of information to ensure the safe and effective use of a product or system. Compliance with this standard ensures that all relevant information is provided in a clear, understandable and complete manner.

The Product Safety Regulation is a European regulation and Cordial supplies the entire EU and many countries beyond. It requires manufacturers to provide clear instructions and safety information in a language that consumers concerned can understand, as determined by the Member State in which the product is sold.

Printed operating instructions are a legal requirement under the GPSR and the Low Voltage Directive. Both regulations require physical instructions to be enclosed with the product to ensure that all safety-related information is accessible without digital access as well. The exception to the rule is the Machinery and EMC Directives, which apply specifically to machines such as cell phones, for which the manufacturer can optionally also provide the operating instructions in digital form. The QR code is therefore a useful addition, but is not sufficient to fully conform with all legal requirements.

For example, if we were to install a microchip and a battery in a cable, thus making it a “smart” cable, it would legally be a machine-like product. In this case, a QR code could be sufficient to provide the operating instructions digitally, because it would then meet the requirements of the Machinery Directive.

 

Yes, the digital version of the user manual is available on the Cordial website. If a user manual is required for a product, you will find it in the technical data section of the respective product information and on the service page, where it is available for download.

Affected are power cables and power hybrid cables, which are referred to internally as CFCA and CPH cables. Speaker cables and instrument cables equipped with SilentPLUG® are also covered by the regulations.

Power and power-hybrid cables are subject to the Product Safety Regulation as they pose an increased safety risk due to their direct contact with electrical energy. In particular, the following aspects must be taken into account:

  • Application and area of use: These cables in question are often used in safety-critical environments where a failure or defect can have significant consequences.
  • Maintenance and care: Improper maintenance or wear and tear can cause hazards such as short circuits, overheating or electric shocks.
  • Damage and subsequent risks: Mechanical stress, incorrect installation or material fatigue can lead to significant safety risks.

The legal requirements ensure that such products undergo strict tests and checks to minimize health and safety risks. In addition, the Low Voltage Directive, under whose scope of application these cables fall, requires that clear instructions and safety information are provided with each product.

Speaker cables can carry high currents and voltages, especially when modern speaker systems come into play.
Improper use or installation can result in significant hazards, including life-threatening risks.

  • Electrical load: High currents and voltages require special safety precautions to prevent short circuits or overheating.
  • Area of application: Speaker cables are often used in safety-critical or public environments in which defects can have serious consequences.
  • Mechanical stress: Cables must be resistant to tensile stress, bending and external influences to prevent damage and failure.

Legal requirements ensure that such products undergo rigorous testing and inspection to minimize health and safety hazards.
 

The silentPLUG® automatically mutes the connected device when it is plugged in and unplugged by short-circuiting it in order to avoid disturbing noises such as crackling or cracking when an instrument change is carried out under voltage. However, the silentPLUG® may only be used on the device side (e.g. guitar, bass, keyboard)! If it is incorrectly connected to the amplifier output, damages can occur. For this reason, an instruction manual with clear instructions is absolutely essential.