Online sales give companies a wide reach. At the same time, they require greater control over the safety of the products offered. A product displayed in an online store, on a marketplace platform or sold remotely is subject to the same requirements as a product sold in a physical store.
If it turns out after a product has been placed on the market that it fails safety testing, this does not always mean the most serious consequences. However, the business should quickly determine the type of non-compliance and take appropriate action.
In recent years, product safety regulations have been adapted to the realities of e-commerce. The GPSR takes into account, among other things, new roles of entities in the supply chain, online sales and new types of risks for consumers.
As of 3 January 2026, the Act on the supervision of general product safety also applies in Poland. It defines the rules for inspecting products placed on the market or made available on the domestic market.
A negative test result does not always mean the same thing
A product that “fails testing” may have different types of problems. Sometimes the non-compliance concerns formal matters. This may include, for example, the lack of manufacturer identification, batch number, complete instructions, proper warnings or complete technical documentation.
In other cases, the test result may indicate a real risk to the user. This may involve, for example, the risk of electric shock, overheating, injury, fire or damage to the product during normal use.
This distinction is very important because it determines how the company should respond. In the case of incorrect labelling, the authority may require the business to correct the errors within a specified deadline.
However, if there are justified circumstances indicating that the product poses a risk or is not compliant with the GPSR, the case may be referred to the President of the Office of Competition and Consumer Protection. During the inspection, it is also possible to temporarily prohibit the product from being made available. This applies when there is a serious risk and quick action is necessary.
Who is responsible for a product sold online?
Responsibility does not apply only to the manufacturer. Depending on the sales model, obligations may apply to several entities. These may include the manufacturer, importer, distributor, authorised representative, fulfilment service provider, responsible person within the meaning of the GPSR, as well as the provider of an online platform.
The GPSR extends the scope of entities required to ensure product safety. This is particularly important for online sales or other forms of distance selling. For this reason, online product safety should be treated as a shared responsibility of all participants in the supply chain.
For the business, this means that it is not enough to assume that all responsibility lies with the supplier. The company should know where the product comes from and who its manufacturer or importer is. It should also verify whether the product has the required markings, technical documentation and clear information on safe use.
What should a business do after a negative test result?
The first reasonable step is to suspend further sales of the product until the matter is clarified. This does not have to mean permanently removing it from the offer. The purpose is to avoid increasing the scale of the problem before the company determines the scope of the non-compliance.
It should be checked whether the problem concerns only the documentation, one batch, a specific model or an entire group of products. This is an important part of the approach to online product safety, as sales may take place through several channels at the same time.
Next, it is worth collecting the documentation. This includes, among other things, test results, declarations, instructions, markings, batch information, supplier data and the content visible in the online offer.
The obligations resulting from the GPSR include, among other things, risk analysis, preparation of technical documentation and correct labelling. They also include providing clear instructions and safety information. It is also important to ensure communication channels for submitting complaints and reporting accidents related to the product.
If the problem can be corrected, the company should prepare corrective actions. These may include improving the instructions, adding warnings, changing the offer description, correcting the labelling, repeating tests or clarifying the method of use.
If the product may be dangerous, further action may be necessary. In such a situation, the company may be required to inform customers, withdraw the product from the market or recall it from users.
Inspections may also cover online sales
The new regulations take into account the specific nature of e-commerce. Remote inspections and test purchases of products are possible, with the purchase resembling an ordinary transaction made by a consumer. This means that the authority may check not only the documents provided by the company, but also how the product is presented online, what the customer receives and whether the offer contains the required information.
In practice, it is therefore worth taking care not only of the product itself, but also of the content in the online store. The description, warnings, instructions, manufacturer details, safety information and product identification should be consistent with the documentation.
What consequences may occur?
If a product is considered dangerous or non-compliant with the GPSR, the President of the Office of Competition and Consumer Protection may order, among other things, the elimination of risks, bringing the product into compliance, placing warnings, defining sales conditions, informing users, prohibiting the product from being made available, removing product information from the online interface, withdrawing the product from the market, recalling it or destroying it. These measures may be applied depending on the type of product, the level of risk and the circumstances of the case.
The regulations also provide for maximum financial penalties. For a manufacturer, a breach of the general product safety obligation may result in a fine of up to PLN 1,000,000. For an importer, the maximum fine in the same area may also be up to PLN 1,000,000, and for a distributor, making a product available that does not comply with general safety requirements may result in a fine of up to PLN 500,000. In online sales, a fine of up to PLN 500,000 for failing to provide the required product information when making the product available online or by other means of distance selling is also important. These are maximum amounts, and when assessing a case, factors such as the seriousness of the breach, the number of products, repeated infringement and cooperation with the authority are taken into account.
A quick response reduces risk for the company and its customers
A negative safety test result does not have to mean a crisis. However, it requires a calm and organised response. In such a situation, it is worth suspending further sales of the product as soon as possible and analysing the documentation.
The next step is to determine the type of non-compliance. The problem may concern formal matters, technical issues or a real risk to the user. This approach is very important for online product safety, as the product may be available in several sales channels at the same time.
Support from a research and development centre such as RCC helps the business better understand the test result. It also makes it possible to identify possible corrective actions and prepare for further steps related to product safety.
A well-prepared company does not treat testing as a one-off formality. It is part of responsibly placing products on the online market. This makes it easier to reduce risk, cooperate efficiently with authorities and protect customers as well as the company’s reputation.
The article is based on data contained in the article “Consumer product safety: the GPSR Regulation and the new Act on the supervision of general product safety”, published on the PARP website: Click here