GPSR: the mandatory information on an online product page

Who must display this information

Article 19 targets economic operators that make products available online or through other means of distance selling. The Regulation includes in this category, among others, the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider. Reg. (EU) 2023/988, Art. 3 and 19 An online retailer that resells products of other brands is a distributor: the obligation applies to it. If it has products made that it sells under its own brand, it is a manufacturer.

• New, used, repaired or reconditioned products: all are covered. Art. 2(3)
• Products subject to specific EU legislation (toys, electrical appliances, etc.): Article 19 continues to apply. For these products, the Regulation sets aside Chapter II for risks already covered, Section 1 of Chapter III and Chapters V, VII and IX to XI, but not Section 2 of Chapter III, which contains Article 19. Art. 2(1)
• Excluded: medicinal products, food, feed, living plants and animals, plant protection products and antiques, among others. Art. 2(2)

The four pieces of information to display on the product page

The offer must indicate, in a clear and visible manner, at least the following information. Reg. (EU) 2023/988, Art. 19

In France, the use of the French language is mandatory in the offer, the presentation and the instructions for use of a product. Law No. 94-665 of 4 August 1994, Art. 2

A template “Manufacturer and safety” block

Place this block on the product page itself, near the description, and fill it in with the actual data of each product:

• Manufacturer: [registered name or brand], [full postal address], [contact e-mail address]
• Responsible person in the EU: [name], [postal address], [e-mail address] (only if the manufacturer is established outside the Union)
• Product reference: [type or model], [other identifier: batch number, item code, EAN code]
• Warnings and safety instructions: [text taken from the label or the instructions, in French], with a link to the instructions if they exist

This data comes from your suppliers: the manufacturer must already put its name, its addresses and a type, batch or serial number on the product, and provide the safety instructions. Art. 9(5) to (7) Before selling a product, the distributor must check that these obligations are met. Art. 12(1)

The responsible person in the Union

A product covered by the Regulation may only be placed on the market if an economic operator established in the Union is responsible for it. Art. 16 This can be a manufacturer established in the Union, the importer, an authorised representative appointed in writing by the manufacturer or, where none of these three exists, a fulfilment service provider established in the Union. Reg. (EU) 2019/1020, Art. 4

If you import products made outside the Union yourself, you are the importer: your own contact details must then appear on the product or its packaging, and on the offer.

On a marketplace

Marketplaces must design their interface so that each seller can enter this same information and so that it is displayed where the product is listed. Art. 22(9) According to recital 58, they do not have to verify the accuracy of this information, whose traceability is the seller's responsibility. Recital 58 If you sell both on a marketplace and on your own site, both product pages must be complete.

Penalties in France

The French Consumer Code (Code de la consommation) makes Articles 2, 3, 9 to 16, 18 to 20, 22, 28 and 35 to 37 of the Regulation implementing measures of its Article L. 412-1. C. conso R. 412-43-2 Breaching them is punishable by the fine provided for class 5 petty offences, with repeat offences also punished. C. conso R. 451-1 The French Criminal Code (Code pénal) sets this fine at €1,500 at most, €3,000 for a repeat offence, and at five times these amounts for a legal entity. C. pén. 131-13 · 131-41

More serious breaches are criminal offences (délits): a manufacturer or importer that fails to take the required measures in response to a dangerous product faces five years' imprisonment and a €600,000 fine. C. conso L. 452-5-1

Common mistakes

• The shop's contact details instead of the manufacturer's, for a product of another brand.
• A contact form instead of an electronic address: the text refers to a postal and an electronic address.
• The information tucked away in the terms and conditions or on a general page, instead of appearing in the offer.
• An identical block copied onto every product page, when the reference and the warnings change from one product to another.
• Used or reconditioned products forgotten.

Your action list

1. List your products and set aside those that are excluded (food, medicinal products, etc.).
2. For each product, identify the manufacturer and, if it is outside the EU, the responsible person in the Union.
3. Ask your suppliers for the postal and electronic addresses, the reference and the warnings in French.
4. Add dedicated fields to your catalogue (WooCommerce, Shopify, PrestaShop) rather than free text.
5. Display the “Manufacturer and safety” block on every product page, visible without leaving the page.
6. Check again for every new product or change of supplier.
7. For a complex set-up (imports, white label, sales outside France), have your analysis validated by a lawyer.