Does GPSR apply to the sale of digital products?

It's pretty telling when the third blog in a row is on the same topic, but this is a question that has come up a lot and so it's worth it's own dedicated blog post. 

Does the GPSR apply to the sale of digital products?

The answer to the question is quite short, yes. GPSR applies to the sale of digital products. However, there is quite a bit more to add to it.

Most people were surprised to receive the confirmation in December 2024 that digital products would be caught by the GPSR. We had been following matters closely and attended the Department of Trade and Commerce Meetings and Q&As in December and although the question was raised there, it wasn't clear that there was a compliance requirement for digital products. 

However, just before the legislation came into effect on 13th December 2024, the EU Commission confirmed on 11th December 2024, in their response to questions about the GPSR, the following: The GPSR applies to all types of products (physical or digital products too, including software) that are placed or made available on the EU Single Market.

Before we go any further it would probably be helpful to provide a short recap.

What is the GPSR?

The GPSR are product safety regulations, specifically, the General Product Safety Regulations, a directive to support consumer protection. Essentially every product sold into the EU or Northern Ireland needs to have with it safety information. 

For many product based businesses, this is in place already. It's technical information about the product and the components of the product, including traceability information and recall processes. 

The GPSR applies to products which are not already covered by other provisions in the Union harmonisation legislation. Essentially, there are other laws in place already governing products such children's toys and electronics. The GPSR covers everything that wasn't already covered by it's own bespoke legislation. 

Is this new legislation?

No, not really, not anymore. It was passed in May 2023, so it's been in the pipeline for a longtime but like all legislation it didn't come into force until about 18 months afterwards, specifically 13th December 2024, not a great time for small product based businesses. It's been in effect for almost 4 months so it's definitely not something that we'd refer to as new, but don't panic if you haven't heard about it before, we can help.

Does this apply to me?

If you are based outside of the EU and you sell digital products to consumers in the EU or Northern Ireland then the GPSR applies. It's important to remember that GPSR only applies to consumer goods it doesn't apply to the sale of digital products and courses that are sold B2B and which are not reasonably likely to be used by consumers themselves. GPSR does not apply if you just sell B2B. So, if you're selling digital products and courses to other business owners then don't panic, this doesn't apply to you. 

For a number of coaches and service providers who teach others to do what they do only in respect of teaching, coaching and supporting other businesses (B2B), you won't be caught by the legislation. However, if you're a coach or a service provider who works with consumers and you provide a digital element to your offering, such as a digital download or a digital course, then GPSR applies. 

It's also worth nothing that GPSR applies to any products, free or paid, so if you provide a free opt-in to consumers then you'll be caught by the legislation.  

This blog post only covers the sale of digital products. Click here to find out more about whether GPSR applies to your product based business. 

What do I need to do to comply with GPSR?

If GPSR applies to your digital products then you need to ensure that you create a 'Technical File' detailing key information about your product and that you appoint an authorised person based in the EU to hold that file and liaise with market surveillance authorities on your behalf.

We've always been committed to supporting small UK businesses to succeed, so at the end of 2024 when it became clear that nobody was offering GPSR services at an affordable price for small businesses we decided to do just that. Our founder Lucy, co-founded a business based out in Dublin, Ireland, to ensure that small UK businesses got the support they needed without breaking the bank. The ethos at Lucy Legal has always been to sell affordable legal support for UK businesses and that ethos extends over to RepGuardia, the Irish company. 

As does the approach to making the process simple. For almost six years we've sold legal templates here, the same has been created in RepGuardia. When you take authorised representation with RepGuardia you get access to the templates that you need to protect your business under GPSR. 

For a digital product based business, and for physical products, you need to complete a risk assessment, provide product safety information, provide a copy of your recall protocol and more. When you instruct RepGuardia as your EU authorised representative you get access to the templates, and a handy checklist, to use to streamline the process of complying with GPSR, plus you'll also get to work with Lucy as she works in that business too, so she'll be able to provide you with her expertise and guidance. 

RepGuardia currently support a range of business owners in the UK including fabric and bunting specialists, pet accessory brands, swimwear brands, jewellery brands and cake stencil brands. Plus businesses operating in the US and elsewhere internationally, especially those in the board game industry. There are a number of businesses who RepGuardia support who just offer digital products and RepGuardia offer a fixed low tariff for those just selling digital products. Find out more here. 

As a UK business we spent the end of 2024 helping business owners in the UK to understand what they're obligations would be. Since GPSR came into force Lucy has done a lot of trainings on the topic for various different product based business groups and there are always a lot of questions still. Please feel free to ask a question directly via our website if you have any questions. 

Or better still, why not ask the RepGuardia Bot. The team at RepGuardia have built out their own bot so that you can ask questions and get answers quickly. Click here to ask the RepGuardia Bot a question.