Product Safety

The Product Safety Act (ProdSG) is based on European legal requirements. The aim of the law is to ensure a high level of safety for products.

The Product Safety Act typically only applies to new products, at the initial placing on the market or making available.

The concept of ‘making available’ is defined very broadly. Especially for online commerce or the promotion of goods via websites, this means that the threshold of making available is exceeded. In the context of market surveillance, supervisory authorities can object to goods that have not yet been placed on the market apart from being advertised on websites. If, for example, the declaration of conformity or CE marking is missing, fines and sales bans may be imposed.

A common question is who is responsible for ensuring CE conformity and/or affixing the CE marking on the product. Especially when sourcing goods from outside the EU, the respective obligations of the supplier and the importer must be clearly distinguished. Precise contractual regulations are required.

An authorized representative can be appointed to fulfill the obligations under the Product Safety Act. This may, but does not have to be, the importer. The description of the authorized representative’s duties must be documented in writing.

If a company based outside the EU does not want to appoint an authorized representative, it must at least name a contact person within the EU who is available to provide all necessary documents related to the CE conformity assessment.

The supervisory authorities have comprehensive control and intervention powers, including sales bans and ordering a recall at the expense of the manufacturer or importer. Especially when supervisory authorities have already become active, comprehensive legal advice is necessary.