GPSR – What Retailers Need to Know About the New EU Law for Warranty & Claims

From 13 December 2024, the EU’s new General Product Safety Regulation (GPSR) comes fully into force across member states. For retailers of consumer goods, this marks a significant shift not only in product‐safety compliance but also in how warranty claims, consumer guarantees and after-sales obligations need to be managed. In this article we’ll explore what GPSR is, how it interacts with existing consumer guarantee / warranty laws, and what retail businesses must do to stay compliant.

What is GPSR?

The GPSR replaces the former General Product Safety Directive (2001/95/EC) and creates a harmonised regulatory framework for product safety for almost all consumer goods placed on the EU market.

ey highlights:

• Applies to “products” made available to consumers (new, and in many cases used, repaired or re-conditioned) unless specifically exempted (e.g., medicinal products, food, live animals)
• Requires economic operators (manufacturers, importers, distributors, market-place operators) to carry out risk analyses, maintain technical documentation, ensure traceability, label products with contact information and ensure safe use.
• Online / distance selling and e-commerce platforms are expressly brought into scope, reflecting the growth of digital retail.
• Improved obligations for recalls, post-market surveillance, and incident reporting.

Why the GPSR Matters for Retailers and Warranty Claims

While GPSR is primarily framed as a product safety regulation, it intersects significantly with warranty, claim and after-sales obligations in several ways:

1. Product safety & legal guarantee

Under existing EU consumer law, retailers must provide a minimum 2-year legal guarantee for consumer goods. GPSR reinforces that products must be safe and properly identified, labelled and traceable, which helps reduce defective goods entering the market, and can reduce downstream claims.

2. Used / repaired goods now in scope

One major shift: GPSR explicitly applies to used, repaired or re-conditioned goods offered to consumers by businesses. For retailers dealing in second-hand goods, this means the same safety obligations apply (labelling, traceability, risk assessment), and that opens a higher compliance burden for warranty/claims management on such goods.

3. Traceability & documentation → claims handling

Because GPSR requires retention of technical documentation (typically 10 years) and batch/serial identification, retail businesses (and their upstream suppliers) will be better able to trace defects, batches, and handle claims more efficiently. From the retailer’s perspective this means building stronger systems for tracking product flows, complaints, repairs, replacements and recalls.

4. Online sales & offers must include safety info

When selling online, the retailer must provide, before sale, clear product identification, safety warnings/instructions, and contact details of manufacturer or responsible person. This transparency helps avoid misunderstandings, mis-sold goods, and ultimately fewer warranty/claim disputes.

5. Improved recall/remedy obligations

When a product is deemed unsafe, GPSR requires the offer of at least two of “repair, replacement, adequate refund” as remedies in a recall scenario. For retailers, this indicates that warranty/claims policies must reflect these options and that retailers should have internal processes to handle remediation in collaboration with manufacturers or importers.

New Product Recall Requirements Under GPSR

The GPSR introduces comprehensive requirements for product recalls that go far beyond previous standards. One of the key improvements in the GPSR is the introduction of harmonized requirements for handling product recalls, ensuring a more consistent and efficient approach across the EU.

Direct Consumer Notification

Under the GPSR, when involved in a product recall, businesses will need to directly contact consumers where possible. Businesses that run product registration systems or customer loyalty programmes will need to offer their customers the chance to provide separate contact details for use only for safety-related purposes.

This has significant implications for warranty management:

Collect customer data proactively: When processing warranty registrations, collect contact information specifically for safety purposes. This data can only be used for product safety notifications.

Use multiple channels: Companies must use direct channels (email, SMS, account alerts) where possible and use public notices (websites, social media, press releases) when direct contact isn't possible.

Maintain warranty registration systems: Your warranty database becomes a critical tool for consumer safety. Systems like Claimlane that capture comprehensive customer and product data during warranty registration become essential compliance tools.

Mandatory Recall Notice Template

The GPSR introduces a new obligation to use a recall notice when communicating with consumers in writing and lays down requirements for what the recall notice needs to contain. This includes certain information about the product, the hazard, the actions consumers should take and the recall remedies available.

The European Commission provides a template recall notice, and while its use isn't mandatory, any alternative must meet GPSR requirements. Your recall notice must include:

• Product identification information with images
• Clear description of the hazard
• Actions consumers should take
• Available remedies
• Contact information for the responsible person

Certain terms are prohibited in recall notices, including "voluntary," "precautionary," "discretionary," or "in rare/specific situations" as these may decrease consumer perception of risk.

Consumer Remedy Requirements

The GPSR introduces new requirements surrounding recall remedies. This includes offering consumers a choice of at least two remedies from repair, replacement or refund. Except where impossible or disproportionate, you must offer consumers at least two options.

Key requirements:

Remedies must be free: Remedies must be free of charge and provided without delay. There is no strict time limit, allowing consumers to claim remedies even long after purchase.

Consumer choice matters: Offering only one remedy is acceptable only when other options are impossible or disproportionate.

Simplicity is mandatory: The action required from consumers must be as simple as possible and remedies offered must be effective, cost-free and timely.

DIY repairs have limits: Consumers can only be asked to repair products themselves if the repair can be carried out easily and safely.

Online Marketplace Obligations

For retailers operating online or through marketplaces, the GPSR introduces specific requirements:

Online marketplaces must establish a single contact point for direct and quick communication with both the Member State authorities and consumers about any product safety issues.

Online marketplace obligations include:

• Reporting dangerous products via Safety Gate
• Directly notifying affected consumers who purchased through their platform
• Publishing recall information on their interfaces
• Cooperating with authorities on dangerous goods
• Allowing authorities to scrape data to identify further dangerous products

What Retailers Should Do: A Compliance Checklist

To be ready for GPSR and to align warranty/claims processes accordingly, retailers should consider the following steps:

1. Map your supply chain – Identify whether you are acting as manufacturer, importer, distributor or marketplace. Each role has different obligations under GPSR.
2. Ensure labeling & contact details – Products must carry name of manufacturer/importer/authorized representative, and email/website contact details.
3. Ensure traceability – Lot/serial numbers, batch identifiers, supplier and distributor records. Be ready to disclose documentation to authorities for up to 10 years.
4. Update online product listings – For each online product you offer, ensure description includes manufacturer or responsible person, product identification, warnings, instructions, safety information.
5. Review warranty/guarantee processes – Ensure your warranty terms don’t conflict with legal guarantee rights (minimum 2 years) and that warranty & safety obligations (repair/replacement/refund) coexist smoothly.
6. Set up complaint & recall procedures – Have internal systems to handle consumer complaints, investigate incidents, liaise with manufacturers/importers, and execute recalls/remediation if necessary.
7. Train staff & update policies – Sales, customer service and returns teams should be aware of the new obligations, especially for used/repaired goods.
8. Monitor online marketplace compliance – If you sell via platforms, ensure platform policies reflect GPSR compliance; if you operate a marketplace, you may have additional obligations (e.g., registration).

Common Pitfalls & How to Avoid Them

• Selling used/repaired goods without proper labeling or documentation: GPSR treats them as “products” under the regime and non-compliance can lead to prohibition of sale.
• Online listing missing safety/contact info: Before sale, missing manufacturer/responsible person details or warnings can render offering non-compliant.
• Inadequate traceability: Without lot/serial/batch identification, handling recalls or claims becomes difficult and risky.
• Mixing warranty with guarantee rights: Legal guarantee is mandatory; additional commercial warranty must not undermine consumer rights.
• Assuming old stock is free of obligations: Products placed on the market before the GPSR’s application may still require post-market obligations.

Impact on Warranty Claims Handling – What Changes for Retailers

• Retailers will likely see fewer faulty goods entering the market (because of more safety controls) — which is positive.
• When claims arise, you’ll have better documentation trails, allowing you to respond more effectively to customer complaints, manufacturer claims, or recalls.
• You may face higher expectations from consumers: with greater transparency around safety and contact details, customers will expect prompt and effective remedies.
• For products sold as “used” or “reconditioned”, retailers may need to explicitly mention the status, ensure safety instructions are present and ensure warranty/claims policies reflect the condition of the product.
• Warranty/return policies may need updating to explicitly align with repair/replacement/refund options under GPSR for safety‐related recall scenarios.

How Modern Warranty Systems Support GPSR Compliance

The GPSR effectively makes warranty management a compliance function, not just a customer service operation. Modern warranty management platforms like Claimlane are designed to support GPSR compliance by:

Capturing traceability data: Every warranty claim records product identification, batch numbers, purchase details, and customer contact information in a structured database.

Enabling rapid recalls: When a safety issue emerges, you can instantly identify which customers purchased affected products and contact them through multiple channels.

Documenting everything: Complete audit trails of warranty claims, investigations, and resolutions provide the documentation authorities require.

Integrating with suppliers: Direct connections to supplier systems ensure safety issues are escalated immediately with all necessary technical documentation.

Generating compliant reports: Automated reporting to Safety Gate and other authorities ensures timely compliance with notification requirements.

Managing remedies: Structured workflows for offering and tracking repairs, replacements, and refunds ensure consumer rights are protected.

The GPSR marks a major step forward in EU product safety regulation – and while it is not strictly about warranties, it has strong implications for how retailers manage warranty claims, guarantees and after-sales service. For retailers in Denmark (and across the EU), early preparation pays off: aligning supply chain, labeling, traceability, online offering and claims processes now will reduce risk, build consumer trust and give you a compliance advantage.

If you’re a retailer or e-commerce business selling to or operating within the EU, I’d recommend a compliance audit of your product lines, warranty/claims processes and online offerings with GPSR in mind.

Key Takeaways

1. The GPSR is now in effect: All products placed on the EU market since December 13, 2024 must comply
2. Warranty systems must support compliance: Traceability, customer data collection, and recall capabilities are mandatory
3. Recalls have standardized requirements: Direct consumer notification, compliant notices, and minimum two remedy choices
4. Non-EU businesses need EU representatives: A responsible person in the EU is mandatory for product compliance
5. Online marketplaces have specific obligations: Platform providers must actively participate in product safety enforcement
6. Documentation is critical: Maintain complete records of warranty claims, safety investigations, and corrective actions
7. Prevention beats reaction: Proactive compliance systems reduce risk, costs, and operational disruption