GPSR penalties: what the law says and why 4% is wrong
9 min readRepresenta GmbH
GPSR penalties are set by each member state, not by the GPSR. Where the 4% of turnover claim comes from, what Germany fines and what else is at stake.
Some compliance guides still claim that GPSR penalties can reach 4% of annual turnover. The General Product Safety Regulation (EU) 2023/988 contains no such figure: Article 44 leaves penalties to the member states. Here is where the number comes from, what Germany charges under its Product Safety Act, and why the fine is often not the biggest risk.
What Article 44 GPSR says about penalties
The GPSR is a regulation: it has applied directly in every member state since 13 December 2024 (Article 52). Its obligations are the same everywhere, its penalties are not. Article 44 GPSR (opens in a new tab) requires member states to lay down penalties for infringements by economic operators and online marketplaces and to notify them to the Commission by 13 December 2024.
The recitals give a direction, not a scale: penalties should reflect the type of infringement, the possible advantage for the business and the gravity of the consumer's injury (recital 97), as well as the nature, gravity and duration of the infringement (recital 98). Article 41 of Regulation (EU) 2019/1020 uses the same formula for CE-marked products. By 13 December 2029 the Commission must evaluate how deterrent national GPSR penalties are (Article 47(5) GPSR).
Where the 4% of turnover figure comes from
The number does have a source. In its proposal of 30 June 2021, COM(2021) 346 (opens in a new tab), the Commission wrote in Article 40(4): "In the case of fines, the maximum amount of penalties shall be at least 4 % of the economic operator's or, where applicable, online marketplace's annual turnover in the Member State or Member States concerned."
Three points get lost:
- It was a draft. The adopted Article 44 contains no percentage, and the word "turnover" does not appear anywhere in Regulation (EU) 2023/988.
- It was a floor for the ceiling. Even the proposal did not set a fine of 4%. It required each member state's maximum fine to be at least 4%.
- It referred to national turnover. The basis was turnover in the member state or states concerned, not worldwide group turnover.
The adopted Article 44 also drops the proposal's list of criteria and infringement types. The Commission's GPSR guidelines (C/2025/6233) simply say that member states can fine businesses that do not comply.
GPSR penalties in Germany: fines under § 28 ProdSG
Germany has laid down its penalties in the Product Safety Act (Produktsicherheitsgesetz, ProdSG). The amending act of 3 February 2026 (BGBl. 2026 I No. 29), in force since 19 February 2026, added 32 GPSR offences to § 28(2) ProdSG (opens in a new tab), covering intentional and negligent breaches.
Under § 28(3), a manufacturer that fails to take corrective measures (Article 9(8)(a) GPSR, no. 7) or an importer that fails to ensure them (Article 11(8)(b), no. 19) faces up to 100,000 euros. All other GPSR offences carry up to 10,000 euros.
| Breach | GPSR | § 28(2) ProdSG | Maximum fine |
|---|---|---|---|
| Risk analysis or technical documentation missing | Art. 9(2) | no. 1 | 10,000 euros |
| Instructions or safety information missing or not in German | Art. 9(7), § 6 ProdSG | no. 6 | 10,000 euros |
| Manufacturer takes no corrective measures | Art. 9(8)(a) | no. 7 | 100,000 euros |
| Importer does not ensure corrective measures | Art. 11(8)(b) | no. 19 | 100,000 euros |
| No evidence of the Responsible Person's checks | Art. 16(2) | no. 24 | 10,000 euros |
| Responsible Person details missing | Art. 16(3) | no. 25 | 10,000 euros |
| Online offer lacks a required item | Art. 19, § 6 ProdSG | no. 26 | 10,000 euros |
The list also covers the Authorized Representative, for example failing to present its mandate or to provide information to the authority (Article 10(2) GPSR, nos. 13 and 14), and online marketplaces (nos. 28 to 32).
When a breach becomes a criminal offence
§ 29 ProdSG (opens in a new tab) provides for imprisonment of up to one year or a criminal fine, but only for intentional acts in the 100,000 euro category that are persistently repeated or endanger another person's life or health or third-party property of significant value.
Beyond fines: what authorities, marketplaces and customs can do
The fine is rarely the most expensive outcome. Authorities have other tools, several from Regulation (EU) 2019/1020 (opens in a new tab), which Article 23(1) GPSR extends to consumer products:
- Corrective action: authorities require the operator to end the non-compliance within a set period, for example by withdrawal, recall or added warnings (Article 16(2) and (3) of Regulation (EU) 2019/1020).
- Bans and recalls: if the operator does not act, the authority ensures withdrawal, recall or a sales ban and informs the public, the Commission and the other member states (Article 16(5)).
- Marketplace removal: a marketplace must remove an offer of a dangerous product within two working days of an order (Article 22(4) GPSR), and the order can cover identical offers (Article 22(5)).
- Customs holds: customs suspend release for free circulation if, among other things, required documents are missing or the product is not labelled as Union law requires (Article 26(1)(a) and (b) of Regulation (EU) 2019/1020; recital 62 GPSR).
How to keep your GPSR penalty risk low
- List every member state where you sell and check its penalty rules in the official law text (Germany: § 28 and § 29 ProdSG).
- Check every online offer for the four items of Article 19 GPSR (what the 2026 sweep found).
- Keep the technical documentation and risk analysis current and available for 10 years (Article 9(2) and (3) GPSR).
- Define who decides that a product is dangerous, who notifies authorities through the Safety Business Gateway and who informs consumers (Article 9(8)).
- Give your Responsible Person the documents it needs for authority requests and for the regular checks of Article 16(2) (what the Commission's guidelines clarify).
- Check labels before shipping: missing manufacturer or Responsible Person details can stop goods at customs.
Practical example: a U.S. fitness brand selling in Germany
A U.S. brand sells resistance bands and a door-frame pull-up bar to consumers in Germany through a marketplace. Its Authorized Representative in the EU acts as Responsible Person. An authority checks the listing and buys test samples.
| Finding | Obligation | Possible consequence |
|---|---|---|
| Listing names no Responsible Person | Art. 19(b) GPSR | Fine up to 10,000 euros (§ 28(2) no. 26 ProdSG) |
| Instructions only in English | Art. 9(7) GPSR, § 6 ProdSG | Fine up to 10,000 euros (no. 6), German instructions required |
| Pull-up bar mount fails under load; sales continued despite complaints | Art. 9(8) GPSR | Fine up to 100,000 euros (no. 7), recall with remedies (Art. 37), offer removed (Art. 22(4)) |
| Next shipment without manufacturer details on the label | Art. 9(6) GPSR | Customs suspends release (Art. 26(1)(b) of Regulation (EU) 2019/1020) |
The fines are capped by § 28(3) ProdSG; the recall, the refunds and a container held at the border are not. If the brand kept selling on purpose and put users' health at risk, § 29 ProdSG could also apply.
Common mistakes when judging the risk
- Quoting 4% of global turnover. The GPSR contains no percentage, and even the 2021 proposal referred to turnover in the member state concerned.
- Copying fine ranges per country from blogs. Only the national law text counts.
- Treating the fine as the whole risk. Recalls, marketplace removal and customs holds can cost more.
- Assuming a non-EU manufacturer is out of reach. Without an economic operator in the EU the product may not be placed on the market at all (Article 16(1) GPSR), and German law also fines the Authorized Representative's own failures.
- Forgetting the language rules. In Germany, missing German safety information is an offence of its own (§ 28(2) nos. 6 and 26 ProdSG).
Conclusion: know the national rules, fix the causes
The 4% of turnover figure is a leftover from the legislative process. What applies is Article 44 GPSR and national law: in Germany, up to 10,000 euros for most offences and up to 100,000 euros when corrective measures are not taken.
The real risk lies in what follows a finding. Representa acts as your GPSR Responsible Person in the EU, reviews labeling, packaging and manuals, and handles communication with authorities and online platforms. For CE-marked products we act as your EU Authorized Representative by written mandate, and our compliance consulting audits documentation and labels before an authority asks.
Frequently asked questions
Can GPSR fines reach 4% of annual turnover?
Not under the GPSR. Article 44 of Regulation (EU) 2023/988 leaves penalties to the member states and names no amount. The 4% figure comes from Article 40(4) of the Commission's 2021 proposal, where it was a minimum for the national maximum, based on turnover in the member state concerned. It was not adopted.
How high are GPSR fines in Germany?
Under § 28(3) of the Product Safety Act (ProdSG), up to 100,000 euros if a manufacturer fails to take corrective measures or an importer fails to ensure them. All other GPSR offences listed in § 28(2), such as missing Responsible Person details or incomplete online listings, carry up to 10,000 euros.
Can a GPSR breach be a criminal offence?
Not under the GPSR itself, but under national law. In Germany, § 29 ProdSG provides for up to one year of imprisonment or a fine if a manufacturer or importer intentionally fails to take or ensure corrective measures and repeats this persistently or endangers another person's life or health or third-party property of significant value.
Can the EU Responsible Person be fined?
In Germany, yes, for its own obligations. § 28(2) ProdSG covers, for example, failing to provide documented evidence of the checks required by Article 16(2) GPSR (no. 24) and an Authorized Representative failing to present its mandate or to provide information to the authority (nos. 13 and 14).
What can happen besides a fine?
Authorities can require corrective action, order a withdrawal or recall, or prohibit sales (Article 16 of Regulation (EU) 2019/1020). Marketplaces must remove offers of dangerous products within two working days of an order (Article 22(4) GPSR), and customs can suspend the release of goods (Article 26 of Regulation (EU) 2019/1020).