Germany Advances New Product Safety Act to Align with EU Regulations

Legislative Update in Berlin

The German government has presented a draft bill aimed at updating its national Product Safety Act, known as the Produktsicherheitsgesetz (ProdSG). This legislative initiative seeks to harmonize German law with the European Union's new General Product Safety Regulation (Regulation (EU) 2023/988 – GPSR), which became directly applicable across all EU Member States on December 13, 2024.

The draft bill, initially dated October 10, 2025 (Bundesrat Document: 548/25), with a subsequent preliminary draft on November 3, 2025 (BT-Drs. 21/2511), primarily focuses on implementing the GPSR's provisions rather than introducing entirely new substantive requirements. Its core purpose is to establish a national framework for enforcement, define penalties for non-compliance, and ensure consistency with existing national regulations.

Key Changes and Enhanced Enforcement

The proposed German Product Safety Act introduces several significant changes, particularly in the area of market surveillance and sanctions:

• Stronger Enforcement Powers: State authorities will gain explicit powers to address unsafe products sold online. This includes the ability to order online marketplaces to remove listings of dangerous products, block access to them, or display prominent warnings.
• New and Expanded Sanctions: In line with the GPSR's mandate for effective and proportionate penalties, the German draft bill outlines fines for infringements. These can reach up to €100,000 for serious administrative offenses.
• Clarified Language Requirements: The bill mandates that all safety-related information, instructions, and warnings for products placed on the German market must be provided in German.
• Adaptation of 'GS'-certification: The well-known German 'Geprüfte Sicherheit' (Tested Safety - GS) mark will be retained, with its framework updated to ensure compliance with the GPSR's enhanced safety requirements.

Alignment with EU General Product Safety Regulation

The EU's GPSR itself represents a comprehensive overhaul of product safety law, addressing challenges posed by new technologies and the growth of online sales. Key aspects of the GPSR, which the German bill aims to integrate, include:

• Broader product coverage, encompassing products sold online, as well as new, used, repaired, or reconditioned items.
• Increased accountability for all economic operators, including manufacturers, importers, authorized representatives, and fulfillment service providers.
• Enhanced powers for national market surveillance authorities.
• New obligations for online platforms, requiring them to have single points of contact for product safety and to track sellers.
• A requirement for manufacturers not established in the EU to appoint a 'responsible person' within the EU.
• The former Rapid Exchange of Information System (RAPEX) has been reformed and renamed 'Safety Gate'.

The earliest possible entry into force for the German draft bill is anticipated to be January 2026, pending parliamentary approval. This move underscores Germany's commitment to bolstering consumer protection and ensuring a consistent application of product safety standards across the European single market.