What are the product safety obligations for manufacturers under Dutch law?

Dutch term: Productveiligheidsverplichtingen | Legal basis: GPSR + sector-specific regulations

Manufacturers placing products on the EU market bear primary responsibility for product safety under the General Product Safety Regulation (GPSR, Regulation (EU) 2023/988) and applicable sector-specific legislation. The manufacturer must ensure that the product meets the essential requirements, carry out the applicable conformity assessment, draw up technical documentation and the EU declaration of conformity, apply the CE marking, and monitor the product's safety throughout its market life.

Post-market obligations include monitoring customer complaints and product incidents, maintaining traceability records, cooperating with market surveillance authorities, taking corrective action when non-compliance or safety risks are identified, and notifying the competent authority and the European Commission through Safety Gate/RAPEX when a serious risk is identified. The GPSR has expanded these obligations compared to the earlier directive, and has introduced new obligations for online marketplaces.

Why it matters for international businesses

For non-EU manufacturers, these obligations apply through the economic operator established in the EU (importer, authorised representative or fulfilment service provider). The contractual allocation of compliance work, cost and liability between manufacturer and EU operator is one of the most important provisions in any supply agreement for products entering the EU market.