GPSR private label: why you are the manufacturer
9 min readRepresenta GmbH
Private label under the GPSR: your own brand makes you the manufacturer (Article 13). What that means for labels, files and your EU Responsible Person.
You have a product made by a factory in China, Vietnam or the United States and sell it in the EU under your own brand. Under the General Product Safety Regulation (EU) 2023/988 (GPSR), this private label model makes you the manufacturer, with all obligations of Article 9. Here is where the line runs, what changes on your label and in your files, and why the factory's paperwork does not cover you.
GPSR private label: when you become the manufacturer
Under Article 3(8) GPSR (opens in a new tab), a manufacturer meets two conditions: it manufactures a product or has it designed or manufactured, and it markets the product under its own name or trademark. Under Article 13(1), anyone who places a product on the market under their name or trademark is deemed the manufacturer, with all obligations of Article 9.
The Commission's GPSR guidelines (C/2025/6233) give an example: company A buys mugs from company B, adds its logo and sells them to consumers, so A is the manufacturer (point 3.1.1). The same applies to white label goods from a factory catalog (point 1.1).
Manufacturer, importer or distributor: where the line runs
What counts is whose name or trademark the product carries, not who made or shipped it. The role is assessed per product, so one company can be distributor for products it resells and manufacturer for those it rebrands (guidelines, point 1.1):
| Situation | Your role | Basis |
|---|---|---|
| A factory makes it to your order, under your brand | Manufacturer | Art. 3(8), 13(1) GPSR |
| You add your logo to a finished product you bought | Manufacturer | Art. 13(1); guidelines, 3.1.1 |
| You import under the supplier's brand and add only your own details | Importer | Art. 11(3); Blue Guide, 4.2.2.4 |
| You resell goods bought in the EU under the supplier's brand, with translated packaging text | Distributor | Guidelines, 3.1.4 |
| You change it in a way the original risk assessment did not foresee, affecting safety | Manufacturer for the modified part, or for the whole product if affected as a whole | Art. 13(2) and (3), recital 35 |
Your contract factory is not the manufacturer
A factory producing under your brand is a supplier, not the manufacturer. The Blue Guide, the Commission's guide for CE-marked products with the same definition, is explicit: whoever subcontracts production must retain overall control, obtain all necessary information and cannot pass its responsibility on to the subcontractor (section 3.1).
If the factory also sells the model in the EU under its own name, its EU Authorized Representative acts for the factory's units only. For yours, the written mandate must come from you (Article 4(2)(c) of Regulation (EU) 2019/1020 (opens in a new tab)).
The factory's test reports can feed into your file: Article 9(2)(a) GPSR counts tests carried out by another party on the manufacturer's behalf, and for CE-marked products the Blue Guide accepts documents not in your name that clearly cover your product (section 3.1).
What Article 9 GPSR requires before your first shipment
As manufacturer, you carry all of Article 9 GPSR (opens in a new tab). For a private label product, that means:
- Risk analysis and technical documentation for your version, kept up to date and available for 10 years (Article 9(2) and (3)); see our articles on the GPSR risk assessment and technical documentation.
- Series production under control (Article 9(4)): with a contract factory, change notification, inspections and batch records belong in the supply agreement.
- A type, batch or serial number on the product (Article 9(5)).
- Your name, registered trade name or registered trade mark and your postal and electronic address on the product (Article 9(6)).
- Instructions and safety information in the language each member state requires (Article 9(7)).
- A complaint channel, a complaint register and corrective action for dangerous products, notified through the Safety Business Gateway (Article 9(8), (11) and (12)).
What changes on the label and in the listing
Article 9(6) GPSR asks for the manufacturer's details, so your company goes on the product, not the factory. If your brand is not a registered trade mark, print your company name: Article 9(6) accepts a trade mark instead only if it is registered.
Who else appears depends on your supply chain:
| Supply chain | Manufacturer details | EU operator details |
|---|---|---|
| Brand outside the EU, selling directly to EU consumers | Your company | Your Responsible Person, for example an Authorized Representative (Art. 16(3) GPSR) |
| Brand outside the EU, selling through an EU importer | Your company | The importer (Art. 11(3) GPSR), who can also be your Responsible Person |
| EU company with its own brand, made in Asia | The EU company | No separate entry: as manufacturer established in the EU, it covers Article 16 itself (Art. 4(2)(a) Regulation (EU) 2019/1020) |
Your listings name you as manufacturer and, if you are outside the EU, your Responsible Person, plus product identification and warnings (Article 19 GPSR; see GPSR label requirements).
Outside the EU: your own Responsible Person
Under Article 16(1) GPSR, a product may only be placed on the market if an economic operator established in the EU is responsible for the tasks of Article 4(3) of Regulation (EU) 2019/1020. For a brand outside the EU, that is its EU importer, an Authorized Representative with the brand's own written mandate or, only where neither exists, a fulfillment service provider (Article 4(2)). More in Authorized Representative or importer and who can be your Responsible Person.
CE-marked products: the same rule in the sector acts
For products under EU harmonization legislation, such as electrical equipment or toys, Articles 9 to 18 GPSR do not apply (Article 2(1)(b)). Sector acts built on Decision No 768/2008/EC (opens in a new tab) contain the same rule (Annex I, Article R6): an importer or distributor placing a product on the market under its own name or trademark is considered the manufacturer, for example under Article 10 of Directive 2014/35/EU (low voltage) or Article 8 of Directive 2009/48/EC (toys).
You then take responsibility for the conformity assessment, the EU Declaration of Conformity and the CE marking, and need enough information on design and production (Blue Guide, sections 3.1 and 4.5.1.3). Article 4 of Regulation (EU) 2019/1020 adds an EU economic operator for products under both directives, and Article 19 GPSR covers your listings.
Practical example: a U.S. outdoor brand with a factory in China
A U.S. outdoor brand has folding camping chairs made in China and sells them online to EU consumers. The factory sells an almost identical chair in the EU under its own name. No CE legislation covers the chair, so the GPSR applies in full.
| Task | Who | Basis |
|---|---|---|
| Risk analysis and technical documentation | The brand; the factory supplies drawings, parts lists and test reports | Art. 9(2) and (3) GPSR |
| Name and addresses on chair or box | The brand, not the factory | Art. 9(6) |
| Responsible Person | An EU Authorized Representative mandated by the brand, not the factory's | Art. 16 GPSR; Art. 4(2)(c) Regulation (EU) 2019/1020 |
| New fabric supplier | The factory reports it, the brand updates its file | Art. 9(3) and (4) |
Common mistakes with private label products
- The factory named as manufacturer. Your brand on the product means your details (Articles 3(8) and 9(6) GPSR).
- Borrowing the factory's representative. Its mandate does not cover your products.
- No access to the file. You must produce it for 10 years (Article 9(3)), even after changing factories.
- Rebranding to hide the supplier. Allowed, but authorities can ask who supplied the product and its parts, and you must be able to tell them for six years (Article 15(3) and (5)).
Conclusion: your brand, your file
The GPSR does not restrict private label. It follows the label: whoever's brand the customer sees carries the manufacturer's duties. Build documentation, labeling and your EU contact around your company, and secure the factory's cooperation in writing.
Representa supports private label brands within the agreed scope and mandate. As your GPSR Responsible Person or EU Authorized Representative, we keep your compliance files ready for inspections, review labeling, packaging and manuals, and handle communication with authorities; our compliance consulting reviews your technical documentation. The manufacturer's obligations stay with you.
Frequently asked questions
Am I the manufacturer if I sell a white label product under my own brand?
Yes. Whoever places a product on the EU market under their own name or trademark is deemed its manufacturer and carries the obligations of Article 9 GPSR (Article 13(1)). The Commission's guidelines use the example of a company that adds its logo to mugs bought from another company.
Can my factory's EU Authorized Representative act for my private label products?
Not on the factory's mandate. As manufacturer, you must give the representative your own written mandate covering the tasks of Article 4(3) of Regulation (EU) 2019/1020 (Articles 4(2)(c) and 5(1)).
Does the factory's name have to appear on the label?
No. Article 9(6) GPSR requires the manufacturer's name and postal and electronic address, which for a private label product are yours. Authorities can still ask you who supplied the product and its parts (Article 15(3) GPSR).
Do I become the manufacturer if I only add my address as importer?
No. An importer adds its own details next to the manufacturer's (Article 11(3) GPSR) and remains importer as long as the product keeps the original brand. For CE-marked products, the Blue Guide says so expressly (section 4.2.2.4).
Does the private label rule apply to CE-marked products?
Yes, through the sector acts, for example Article 10 of Directive 2014/35/EU. As own brand manufacturer, you are responsible for the conformity assessment, draw up the EU Declaration of Conformity and affix the CE marking (Blue Guide, section 4.5.1.3).
