GPSR Guide
What is GPSR? What you need to know as an Artfinder seller
If you’re an artist selling to customers in the European Union or Northern Ireland, you might have heard about the new General Product Safety Regulations (GPSR), which came into effect from 13th December 2024. These changes are complicated, but we’re here to help.
In this article we’re going to cover what we know, what’s changing, how Artfinder can support you and what you can start doing now to ensure you comply with the new legislation.
Although we’ve spent a lot of time looking into GPSR, there are areas that we’re receiving clarification on, and we will therefore update this article accordingly.
Please remember we are not legal professionals – this is our interpretation of the new regulations and does not form legal advice. For more detailed guidance and to check how the legislation applies to you, please consult a legal professional.
What’s changing?
The EU’s new General Product Safety Regulations (GPSR) came into force on 13th December 2024, replacing older safety rules to ensure that all consumer products sold in the EU meet modern safety standards.
One important update is the requirement for all sellers to have a Responsible Person or representative based in the EU or Northern Ireland. If you’re a seller based in the EU or Northern Ireland that can be yourself – but if you’re a seller based outside the EU or Northern Ireland, you have to appoint an Authorised Representative located in the EU or Northern Ireland to be that responsible person. This person acts as a compliance contact and ensures your products meet EU safety requirements.
The new regulations apply to all products placed or made available on the market whether new, used, repaired or reconditioned, with certain exceptions. We have reviewed the exceptions and believe the products sold on our platform are included in the legislation. ‘Product’ means any item intended for consumers or likely to be used by consumers, whether in return for payment or free of charge. So even if you do not see yourself as a manufacturer making products, or you send something you have made for free to a customer based in the EU or Northern Ireland, these regulations still apply to you.
The new regulations only apply to products placed on the market from 13th December 2024. No further action needs to be taken for products that have already been placed on the market in the EU or Northern Ireland before 13th December 2024.
How do I sell to the EU and Northern Ireland?
If you are not based in the EU or Northern Ireland you will be required to comply with the new GPSR rules, including:
- Ensuring your products are safe for use as intended
- Displaying relevant safety information, labels and any required compliance on all products listings
- Including safety information, contact details, product identification and instructions for use in all orders sent
- Contact details of the EU Authorised Representative, if applicable
- Keeping appropriate technical documentation for your products for 10 years after being placed on the market
- Cooperating with market surveillance authorities, if needed
We understand that for many artists, appointing an Authorised Representative in the EU or Northern Ireland will be impractical and potentially prohibitively costly. Artfinder is here to help, please see our solution below.
What if I’m a seller based in the EU or Northern Ireland?
As a seller based in the EU or Northern Ireland, you are part of the EU’s single market for goods.
This means No Authorised Representative is required. As the manufacturer based within the framework, you are automatically considered the Responsible Person.
You are however still required to comply with all the rules under the GPSR.
GPSR will not affect your sales into the UK.
Do my products require an Authorised Representative (AR) in the EU or Northern Ireland?
There is a lot of confusion at the moment about which products are exempt from the requirement for an Authorised Representative in the EU or Northern Ireland. We have read through all the guidance and our current understanding is that this legislation applies to works of art. We have seen suggestions that artwork is exempt, however our reading of the legislation leads us to believe this exemption only applies to antique works of art or collectibles. We will continue to monitor the situation and if clarification is provided from the European Commission to the contrary, we will amend our approach as needed.
The regulations are designed to protect consumers from all unsafe products, including those made or sold by small businesses. Although not large-scale manufacturers, items produced by artists may be created with materials that contain allergens or chemicals (eg glazes, resin, flammable materials), or present potential safety risks such as injury from sharp edges or fire hazards. Many of these items already need to comply with existing regulations in the UK and other markets.
A product is considered to be safe when it does not pose a danger or risk to the user when it is used normally.
What is Artfinder doing to help me comply?
We appreciate the costs of finding an Appointed Representative (AR) directly is going to be prohibitive for most of our artists. We are pleased to confirm we have reached an umbrella agreement with an EU based Appointed Representative (AR) who will provide the required compliance services for all of our artists.
This will ensure all of our artists can continue to sell their products into the EU and Northern Ireland with minimal fuss. We will initially be providing this service free of charge to all of our artists, but will introduce a small annual fee later this year with the ability for artists to either opt-in or opt-out from having their products sold into the EU of Northern Ireland at that time. The precise amount will depend on a number of factors including the expected numbers of artists wishing to opt-in. There will be no Artfinder markup for the costs (we will simply look to share the cost across participating artists) and currently expect it to be c £50-£75 per opt-in artist per annum.
Note : We will not be charging for this service immediately as we want to ensure in first instance the processes changes being made are bedded in, we also appreciate only products listed for sale from 13th December 2024 are impacted by the legislation so the benefit for artists today is limited but will increase overtime, and also we will continue to monitor the situation with the regulators to seek clear guidance if our products are to be excluded from the legislation. This guidance will be updated accordingly.
Listing safety information and Authorised Representative details on products first listed from 13th December 2024
When you sell in to the EU or Northern Ireland one of your products first listed after 13th December 2024 you must include in your documentation being sent to the customer the following information:
In compliance with the General Product Safety Regulation (EU) 2023/988.
Manufacturer: [Artist Name/Business Name]
Address: [Artist Address]
Authorized Representative: [AR Address]
Contact: [AR Contact]
This information can be provided as part of a label, included in a document accompanying the artwork, and/or integrated into the product description where possible. Artfinder will provide a pro forma template containing all of the AR’s details that you can use for this purpose.To access the form, please head to your seller portal and click on "Transactions" and a link to the form will be located in the information section.
You should also include any standard safety information to go with the product as required. Some examples of what this could be are as follows:
This product is for adult use only
This product is heavy
This product contains sharp edges
This product is flammable
Whilst Artfinder will share with the AR some basic product information you are required per the legislation to keep a record of all the materials used in making your art work for a minimum of 10 years. This information will need to be provided to Artfinder or the AR on request within 24 hours. This will only be requested to support any inquiries from regulatory bodies or to manage any product safely related complaints.
IMPORTANT – The Appointed Representative arrangement detailed above only covers products without the need for a CE Mark. If you are selling products into the EU which contain a CE Mark or equivalent then you will need to make a separate arrangement with another EU based representative.
Note : The Authorised Representative status can only be used where the sale of the art work is made via the Artfinder platform. Sale of art works via other channels will need to be covered by separate arrangements you will need to make.
Existing products
Products already available for sale on the EU or NI market before 13th December 2024 are exempt from the new EU regulations. Additional safety information and an Authorised Representative are therefore not required for these existing items
Products that were already available for sale in the EU or Northern Ireland before 13th December 2024 and then ‘relisted‘ after that date are also exempt from the new EU regulations. However, if you make any changes to that product or list it as a new product after 13th December 2024, then the new EU GPSR regulations will apply.
We will be making a record of all items for sale on Artfinder before 13th December 2024 in order to provide sellers with a record, should it be needed. Although we are not able to provide sellers with “first listed at” dates, we will be able to provide sellers with a record showing that a specific item had been placed on the EU market before 13th December 2024 and is therefore exempt from the new EU GPSR regulations.
If you choose to continue to sell these existing products to the EU and Northern Ireland, we recommend including information on the outside of the package that outlines why this product is exempt from EU GPSR (such as date made and listed) in order to avoid customs delays. In addition we suggest paperwork is provided with the order comprising the following information:
This product was made and listed for sale on [DATE] and therefore is exempt from the General Product Safety Regulation (EU) 2023/988.
Manufacturer: Artist Name/Business Name
Address: Artist Address
As with products listed from 13th December 2024 we recommend you should also include any standard safety information to go with the product as required. Some examples of what this could be are as follows:
This product is for adult use only
This product is heavy
This product contains sharp edges
This product is flammable
Artfinder will provide a pro forma template for the provision of the above information. To access the form, please head to your seller portal and click on "Transactions" and a link to the form will be located in the information section.
Further considerations
The GPSR is new and as an industry we are learning the implications. Whilst it is likely that the products sold on Artfinder are of low risk with regards to potential safety concerns, adherence to the legislation in our opinion is required. We would like to be kept up to date with any GPSR issues our artists face in adopting the new legislation. We hope our approach is both proportionate and fair to all of our artists. The situation remains fluid and we will update our guidance and policies as needed.