GPSR Responsible Person: who qualifies and what it must do
9 min readRepresenta GmbH
Who can be your GPSR Responsible Person, who cannot, and what the role demands: a decision path along your supply chain, with the legal basis per step.
A consumer product from a manufacturer outside the EU may only be placed on the EU market if a GPSR Responsible Person established in the EU stands behind it. The law names who can take that role, and not every EU address qualifies. Here is the decision path, and what the Responsible Person must be able to do.
What the GPSR Responsible Person is, and where the rule comes from
Article 16(1) of the General Product Safety Regulation (EU) 2023/988 (opens in a new tab) (GPSR) is short: a product may only be placed on the market if an economic operator established in the EU is responsible for the tasks in Article 4(3) of Regulation (EU) 2019/1020. Recital 39 explains why: direct online sales from outside the EU left authorities without a contact.
For CE-marked products under the acts listed in Article 4(5) of Regulation (EU) 2019/1020 (opens in a new tab), such as toys, Article 4 has applied directly since 16 July 2021, with the same roles. Our article on the economic operator introduces them.
Who can be your GPSR Responsible Person: three roles and a fallback
Article 4(2) of Regulation (EU) 2019/1020 names four operators; the fourth only steps in if none of the other three is established in the EU. A representative mandated in writing holds the role even where an importer exists (Commission guidelines on Article 4, Box 1, step 1).
| Situation | Responsible Person | Legal basis |
|---|---|---|
| Manufacturer in the EU, including an EU own-brand seller | The manufacturer itself | Art. 4(2)(a) Regulation (EU) 2019/1020; Art. 13(1) GPSR |
| Written mandate to an EU Authorized Representative for the tasks of Art. 4(3) | The representative, for all mandated products | Art. 4(2)(c) and 5(1) Regulation (EU) 2019/1020 |
| No mandate; an EU company imports your goods | The importer, for its units | Art. 4(2)(b); Article 4 guidelines, section 4.2 |
| No mandate, no importer; stock in an EU fulfilment centre | The fulfilment service provider, for units it handles | Art. 4(2)(d) |
| No mandate; shipped from outside the EU to consumers | Nobody: the product may not be offered | Art. 16(1) GPSR; Article 4 guidelines, Box 1, step 6 |
Our article EU Authorized Representative vs importer compares both roles.
Who cannot be your Responsible Person
These do not qualify, whatever some offers suggest:
- The marketplace itself. It only intermediates; if it also stores and ships your goods, it acts as fulfilment service provider for those units (Commission GPSR guidelines, sections 3.1.5 and 3.3).
- A distributor that only resells. It is not on the list in Article 4(2). It can take the role only with a mandate as your Authorized Representative, and then carries both sets of duties (Blue Guide 2022, section 3.2).
- Sales agents and “authorized distributors”. They are not Authorized Representatives in the legal sense (Blue Guide, section 3.2).
- A company in Great Britain or Switzerland. Article 16(1) GPSR requires establishment in the EU; the Blue Guide confirms this for British operators (section 2.9.5.2).
- You, as a manufacturer outside the EU.
What the Responsible Person must be able to do
The tasks come from Article 4(3) of Regulation (EU) 2019/1020 and Articles 16(2) and 20(4) GPSR:
- Check your documents. For each new product, it verifies that the technical documentation exists and can be provided to authorities; if it does not store it, it needs your assurance to share it (Article 4 guidelines, section 3).
- Answer authorities on a reasoned request, in a language the authority easily understands; the language can be agreed (Art. 4(3)(b)).
- Report risks. Where it has reason to believe a product presents a risk, it informs the authorities in each member state concerned (Art. 4(3)(c)).
- Ensure corrective action. The Article 4 guidelines only require it to make sure action is taken; the GPSR guidelines’ checklist adds: if the manufacturer has not acted, “do it yourself” (Art. 4(3)(d)).
- Check products regularly, where the risks justify it, against the technical documentation and the rules on identification, manufacturer details and safety information, and document the checks (Art. 16(2) GPSR).
- Have accidents notified that it learns of, through the Safety Business Gateway, which requires an EU Login account (Art. 20(4) GPSR; GPSR guidelines, section 3.4.3).
From an Authorized Representative, the GPSR guidelines also expect practical and administrative capacity, where possible the authorities’ languages, legal and factual knowledge, and internal processes such as complaint handling (section 3.1.2).
How to appoint your Responsible Person in five steps
- Map each sales channel to the table above.
- Sign a written mandate assigning the tasks of Article 4(3) of Regulation (EU) 2019/1020 and the checks of Article 16(2) GPSR, with a product list.
- Hand over the technical documentation, or a written assurance to provide it.
- Add the details to product or packaging and to every EU listing (Articles 16(3) and 19(b) GPSR; see our label matrix).
- Agree who notifies in the Safety Business Gateway and how fast you answer requests.
Edge cases: own brand, several importers, switching
Three situations change the answer.
Own brand and EU subsidiary
Whoever sells under their own name or trade mark is the manufacturer (Article 13(1) GPSR; more in our GPSR guidelines article). If that is you, outside the EU, your supplier’s representative does not cover you: the mandate must come from the manufacturer (Article 4(2)(c) of Regulation (EU) 2019/1020). An EU subsidiary qualifies only as importer, own-brand manufacturer or mandated representative.
Several importers or warehouses
Each importer is responsible for the units it places on the market, which in principle carry only its name; several fulfilment centres are each responsible for the units they handle (Article 4 guidelines, sections 4.2 and 4.4). One mandate gives all units the same Responsible Person.
Switching your Responsible Person
A representative whose manufacturer does not respond can end the relationship (Article 4 guidelines, section 3). Without a successor, the table applies again: an importer or fulfilment centre takes over its units, and direct shipments may no longer be offered. We recommend signing the new mandate before the old one ends, updating all listings the same day (Article 19(b) GPSR) and agreeing the document handover.
Practical example: a U.S. garden tool brand with four channels
A U.S. brand sells non-powered pruners, rakes and trowels (GPSR products without CE marking) through four channels:
| Channel | Without a mandate | With one mandate for all its products |
|---|---|---|
| A French garden centre chain imports pallets | The chain, for its units | The representative; the chain remains importer |
| Marketplace, stock in an EU fulfilment centre | The fulfilment provider, if it accepts the role | The representative |
| Own online shop, shipped from the U.S. | Nobody: the tools may not be offered | The representative |
| A German DIY chain sells the pruner under its own brand | The DIY chain, as EU manufacturer | Still the DIY chain: the brand’s mandate does not cover it |
One mandate, signed before the first EU order, puts one Responsible Person on every box and in every listing.
Common mistakes when choosing a Responsible Person
- Relying on the fulfilment centre. It covers only the units it handles and may refuse the role (Article 4 guidelines, Box 3).
- Buying an address without a mandate. Without a written designation for the tasks of Article 4(3), there is no Responsible Person.
- Assuming any EU company qualifies. “Economic operator” includes distributors (Article 3(13) GPSR), but only the four operators of Article 4(2) can hold the role.
- Moving every document. The Responsible Person must be able to provide your documentation, not store it.
Conclusion: choose the role, do not inherit it
Who can be your GPSR Responsible Person follows from your supply chain. Without a deliberate choice, the role falls to whoever imports or stores your goods, or to nobody. For products placed on the market after 9 December 2026, an Authorized Representative is also liable for defects (Article 8(1)(c) of Directive (EU) 2024/2853), so expect it to check your file first.
Representa acts as your GPSR Responsible Person in the EU: we review labeling, packaging and manuals, keep your compliance files ready for inspections and handle communication with authorities and online platforms. For CE-marked products, we act as your EU Authorized Representative by written mandate.
Frequently asked questions
Can Amazon or another marketplace be my GPSR Responsible Person?
Not as a marketplace, which only intermediates (GPSR guidelines, section 3.3). If it stores and ships your products, it can become Responsible Person as fulfilment service provider for those units, but only where there is no EU manufacturer, importer or mandated Authorized Representative (Article 4(2)(d) of Regulation (EU) 2019/1020).
Can a private person in the EU be my Responsible Person?
In law, yes: an Authorized Representative can be a natural person established in the EU with a written mandate (Article 3(9) GPSR). The Commission expects practical capacity, language skills and legal knowledge. The person is named on your products and, for products placed on the market after 9 December 2026, liable for defects (Directive (EU) 2024/2853).
Is there an official register of GPSR Responsible Persons?
No. Neither the GPSR nor Regulation (EU) 2019/1020 provides for a register or an approval. The only registration duty in the GPSR applies to online marketplaces (Article 22(1)). Proof of the role is the written mandate, which the representative shows to authorities on request (Article 10(2) GPSR).
Can a company in Great Britain or Switzerland be my Responsible Person?
Not for consumer products under the GPSR. Article 16(1) GPSR requires an economic operator established in the EU. According to the Commission’s Blue Guide, operators established in Great Britain no longer count as established in the Union (section 2.9.5.2).
Does the Responsible Person have to store my technical documentation?
No. It must verify that the documentation exists and ensure it can be provided to authorities on request (Article 4(3)(a) of Regulation (EU) 2019/1020). If it does not keep it, it needs your assurance to share it. Under Article 16(2) GPSR, it also checks regularly that the product matches the documentation.