Product Liability Directive 2026: your EU representative

Who is liable under the new Product Liability Directive

Directive (EU) 2024/2853 (opens in a new tab) sets no-fault liability towards natural persons for death, personal injury including medically recognized psychological harm, damage to property not used exclusively for professional purposes and the destruction or corruption of non-professional data (Articles 1, 5 and 6). The injured person proves defect, damage and causal link, not fault (Article 10(1)).

The old Directive 85/374/EEC made the importer liable as a producer (Article 3(2)) and did not mention the representative. Article 8(1)(c) now adds the Authorized Representative:

Operators liable for the same damage are jointly and severally liable: the injured person can pursue any of them (Article 12(1)). Towards that person, liability cannot be limited or excluded by contract or by national law (Article 15).

Liability is not a fine: how it differs from GPSR duties

A GPSR fine is imposed by an authority under national law (Article 44 GPSR). Product liability is an injured person's claim for damages before a civil court. The GPSR leaves liability untouched (Article 43), as the Commission's GPSR guidelines confirm.

The two still interact. A court presumes a defect if the claimant shows that the product breaches mandatory safety requirements meant to protect against the damage suffered (Article 10(2)(b) of the directive). Labeling, instructions and recalls count when defectiveness is judged (Article 7(2)(a) and (g)). Conversely, notifying an accident under the GPSR is not an admission of liability (recital 43 GPSR).

Nor does Article 4 of Regulation (EU) 2019/1020 create additional duties towards consumers (Commission guidelines on Article 4, section 3): the representative's new exposure comes from the directive, not from the mandate.

When the new rules apply, and where Germany stands

The directive covers products placed on the market or put into service after 9 December 2026 (Article 2(1)). Earlier products remain under Directive 85/374/EEC (Article 21). As in product safety law, placing on the market refers to each unit, not the model (Blue Guide, section 2.3).

Claims are time-barred three years after the injured person knew or should have known of the damage, the defect and the liable operator (Article 16). They expire 10 years after placing on the market, or 25 years for latent personal injury (Article 17).

Member states must transpose the directive by 9 December 2026 (Article 22(1)); injured persons claim under national law.

Germany: the bill before parliament

As of 28 September 2026, Germany's implementing act is a government bill, Bundestag printed paper 21/4297 (opens in a new tab). The Bundestag held the first reading on 4 March 2026 and a committee hearing on 13 April 2026. The new Product Liability Act is to enter into force on 9 December 2026. It drops the current 500 euro deductible for property damage and the 85 million euro cap for personal injury and calls the representative “Beauftragter” (§ 10 no. 2 of the bill).

Software, updates and connected products

Software is a product under the directive, including firmware, apps and AI systems, however it is supplied (Article 4(1), recital 13). Only free and open-source software outside a commercial activity is excluded (Article 2(2)).

For connected products, liability does not end at the factory gate: a product stays within the manufacturer's control while the manufacturer can supply updates (Article 4(5)). An operator normally escapes liability by showing that the defect probably arose after placing on the market. That defense fails where the defect stems from software, updates or missing security updates within the manufacturer's control (Article 11(2)), for every liable operator, including your Authorized Representative.

Safety-relevant cybersecurity requirements count when defectiveness is judged (Article 7(2)(f)), so watch the Cyber Resilience Act and its reporting duties. The directive itself does not oblige you to provide updates (recital 51).

What non-EU manufacturers should check before 9 December 2026

Six checks, ideally together with your EU operators:

1. 1.Map the roles per sales channel. Note who is importer, representative or fulfilment service provider in each channel (importer or representative?); liability follows these roles.
2. 2.Review the mandate. It must be in writing (Article 4(11)). Agree how complaints, accidents and authority requests reach your representative quickly (Article 10(2) GPSR).
3. 3.Keep the technical documentation current. Risk analysis, test reports and Declaration of Conformity are your evidence in a claim (Articles 9 and 10(2)).
4. 4.Check labels and instructions. They count for defectiveness (Article 7(2)(a)). The EU operator's details on product, packaging, parcel or accompanying document let injured persons and distributors identify your EU operator (Article 16(3) GPSR).
5. 5.Plan security updates for connected products and document them (Article 11(2)).
6. 6.Settle the internal relationship. Who bears a claim between you and your EU operators follows national law on recourse (Article 14); agree it in writing with legal advice. Also ask your insurer whether your product liability policy covers claims in the EU.

Practical example: a U.S. smart plug maker

A U.S. company sells Wi-Fi smart plugs with an app in the EU through three channels; one Authorized Representative is mandated for all plugs. In 2027 a plug overheats; the fire damages a sofa and injures the owner, both covered by Article 6(1).

In 2028 a firmware update makes plugs sold in 2027 overheat. The representative cannot argue that the defect arose later, because the update is within the manufacturer's control (Article 11(2)(b)). Internally, it can seek recourse against the maker under national law (Article 14).

Four misconceptions about the new liability

• “The mandate excludes liability.” Not towards the injured person (Article 15).
• “The representative only handles paperwork.” Liability does not depend on fault; it attaches to the role (Article 8(1)(c)(ii)).
• “Business customers can claim for their equipment.” Only natural persons can claim, and property used exclusively for professional purposes is excluded (Articles 5 and 6(1)(b)(iii)). An injured employee can claim.
• “Better to have no representative at all.” For most products an EU economic operator remains a condition for placing them on the market (Article 16(1) GPSR, Article 4(1) of Regulation (EU) 2019/1020).

Conclusion: liability follows the role

The directive turns the EU Authorized Representative from an administrative contact into a liable party for products placed on the market after 9 December 2026. The duty to have an EU operator stays; what changes is how much a complete file and a fast flow of information matter.

Representa acts as your EU Authorized Representative by written mandate: our name and address for packaging and Declaration of Conformity, your technical documentation kept for 10 years, authority inquiries handled and technical files reviewed. Our compliance consulting audits documentation, labels and packaging before an authority asks. This article does not replace legal advice on your individual case.

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