The EU General Product Safety Regulation (GPSR): What Authors Need to Know.
A Disclaimer: I am not a lawyer. This article and any associated content should not be taken as legal advice. This is my interpretation of the GPSR to help fellow authors. For specific advice, please consult a legal professional.
Introduction
The General Product Safety Regulation (GPSR) came into effect on December 13, 2024, impacting all products sold in the EU and Northern Ireland, including books. If you're selling in or to these regions, you need to understand and comply with these regulations.
Digital Books and the GPSR
The regulation updates previous rules and could potentially apply to digital books as it mentions intangible products. The legislation states, "GPSR covers products that are tangible, non-tangible or of mixed nature, including apps and software products."
However, most interpretations suggest that GPSR only becomes relevant for ebooks if they're tied to a physical product that could pose safety concerns. The legislation specifically addresses digitally connected products – those with a digital element.
Existing Digital Product Regulations
Ebooks and digital products are already covered by separate EU regulations. The EU Directive 2019/770 on Digital Content and Digital Services, effective since January 1, 2022, specifically covers digital products, including eBooks. Here are the key provisions:
- Conformity obligations: Digital books must meet expected quality, functionality, and compatibility standards described at purchase.
- Duration of liability: Sellers must ensure digital content remains defect-free for at least two years unless otherwise specified.
- Updates requirement: Essential updates must be provided to maintain proper functionality.
- Remedies for defects: If an eBook is faulty, consumers are entitled to either a fix/replacement or a price reduction/refund.
- Data protection: Consumers can withdraw consent for personal data use, and sellers must delete data when applicable.
How GPSR Relates to Earlier Legislation
The relationship between GPSR and existing regulations is clear:
- GPSR focuses on physical product safety
- Directive 2019/770 governs digital content quality and functionality
The Responsible Person Requirement
The EU responsible person could be quite an issue for people outside the EU. If you are inside the EU, you can designate yourself as the responsible person. But for those of us who are outside the EU, we have to.l appoint somebody who resides within the EU and has an EU address.
Some companies are providing this responsible person. BookVault is providing one and Lulu Direct will announce something soon.
If not using a company that provides one, do you have a friend in the EU who is willing to take this on? If not, EAS Compliance is offering the service for €199 per product type per year. Yes, books are one product type.
There is absolutely no way around this – for physical books, you absolutely must appoint an EU responsible person.
Product Identification Requirements
Article 8(5) requires products to have identification elements. For books, an ISBN fulfills this requirement. Additionally, manufacturers must provide:
- Their name and registered trademark (if applicable)
- Postal address
- Email address
- EU representative details (postal and email address)
This information can be included on the copyright page of your book.
Safety Requirements for Physical Books
Safety considerations are particularly important for children's books. Key requirements include:
- Physical construction safety - secure bindings, no sharp edges
- Materials safety - non-toxic inks and adhesives meeting EN 71-3 requirements
- Small parts testing for interactive elements
- Warning labels when necessary
- Technical documentation maintaining compliance records
Contact Details Requirements
The GPSR requires specific contact information on consumer products. For books sold in the EU:
- Publisher's name and contact information must be included
- If the publisher is outside the EU, an EU-based responsible person must be designated
- Contact details can appear on the copyright page or back cover
Two-Year Warranty
Under the GPSR, products must include a 2-year legal warranty, mandated by EU Directive 1999/44/EC on consumer sales. This ensures products remain free from defects and conform to sales contracts during this period.
Good News for Existing Products
The GPSR does not apply retroactively. Products already on the market before December 13, 2024, are not subject to these new regulations, as covered in Article 46.
Risk Management and Reporting
Article 19 outlines obligations regarding product safety information, primarily focusing on risky products. If you believe your products don't pose risks, many of these requirements may not apply to you.
The Bottom Line.
I urge you to read the legislation for yourself. It's not a lot of fun, to be honest.
I personally interpret these regulations to suggest that ebooks and audiobooks are not included. But don’t take my word for it. Make your own decision. But for me, I will be proceeding as though they are not included.
So, for print books, the first thing you must do is make sure you have an EU responsible person. If you’re using a print on demand company, it’s likely they have one which means you don’t need to have another. If you’re using BookVault, they have one . If you’re using Lulu direct, check with them.
Otherwise, twist the arm or bribe a friend or relative in the EU. If you don’t have one or they don’t wish to be the responsible person, EAS compliance provides a responsible person for ‹199 per year.
The responsible person is the biggest issue for most. And as I said, if you are in the EU you can simply appoint yourself as the responsible person.
The other main obligation is that you’ll have to include your details and the details of the responsible person -both snail mail and email addresses - on the copyright page or on the back cover.
The other requirement is that each book requires an identifying mark and an ISBN will do nicely for this. And remember, it all only applies to products placed on the market after December 13, 2024.
Implementation and enforcement details are still being worked out. The situation will likely become clearer as authorities begin enforcing these regulations.