German Product Safety Act 2026: what changed, who enforces
10 min read
German Product Safety Act 2026: what changed on 19 February 2026, which authorities check products in Germany and what non-EU manufacturers face.
You make consumer products outside the EU and sell them in Germany through your own online shop or a marketplace. The General Product Safety Regulation (GPSR) sets your duties; Germany's own rules on language, enforcement and fines are in the German Product Safety Act (Produktsicherheitsgesetz, ProdSG), amended with effect from 19 February 2026. Here is what the German Product Safety Act 2026 changed, which authorities check your products and how a case reaches your Responsible Person.
What the German Product Safety Act 2026 changed
The GPSR is an EU regulation: it has applied directly in every member state since 13 December 2024 (Article 52, Regulation (EU) 2023/988 (opens in a new tab)). It leaves some points to national law, such as the language of safety information and the penalties (Articles 9(7) and 44). Germany settled them with the Act amending the Product Safety Act (opens in a new tab) of 3 February 2026 (BGBl. 2026 I No. 29), in force since 19 February 2026 (Article 6).
| Topic | ProdSG | What it means for you |
|---|---|---|
| Language | § 6 | Instructions, safety information and listing warnings in German |
| Market surveillance | § 25(1), (2) | State authorities check products, as a benchmark 0.5 samples per 1,000 inhabitants a year per state |
| Online marketplaces | § 25(3) | Orders to remove offers of dangerous products, block access or show a warning |
| Fines | § 28(2), (3) | 32 GPSR offences, also negligent ones, up to 10,000 or 100,000 euros |
| Criminal offences | § 29 | Up to one year of imprisonment or a fine for intentional failures on corrective measures that are persistently repeated or endanger life, health or valuable property |
The ProdSG also still implements ten EU directives, such as those on toys and low voltage equipment, and covers products outside both the GPSR and EU harmonization legislation, typically products for professional use (§ 1(1) and (3) ProdSG (opens in a new tab); see GPSR and B2B products).
Of the other laws it amended, two matter to you. Under the Consumer Information Act (Verbraucherinformationsgesetz, VIG), anyone can request the authorities' findings of non-compliance in a product. Trade secrets are no ground for refusal, neither for these data nor for the names and addresses of the companies in the supply chain (§ 2(1) No. 1, § 3 sentences 5 and 6 VIG (opens in a new tab)); the company concerned is told before access is granted (§ 5(4) VIG). Marketplaces that breach Article 22(7) to (9) GPSR face fines under the German Digital Services Act (Digitale-Dienste-Gesetz, § 33(5a), (6) DDG (opens in a new tab)).
Who enforces product safety in Germany
Market surveillance lies with the authorities designated under the law of each federal state (§ 25(1) ProdSG (opens in a new tab)). Where the GPSR supplements other EU product law, the authority for that law also enforces the GPSR unless otherwise provided (§ 25(1) sentence 3); for radio equipment, that is the Federal Network Agency under the Radio Equipment Act (§ 23 FuAG (opens in a new tab)). The Market Surveillance Act (MüG) settles who acts when:
- Products sold online: the authority of the district where the product can be ordered and delivered; for a complaint, the one where the complainant lives or does business; if several are competent, the first to take up the case (§ 4(2) MüG (opens in a new tab)).
- Imports: customs check products entering the EU and report a suspended release to the local market surveillance authority (§ 4(3), (4) MüG); see what happens without an EU Responsible Person.
- Federal level: the Federal Institute for Occupational Safety and Health (BAuA) works with the state authorities, assesses risks in individual cases and publishes withdrawal and recall orders (§ 26 ProdSG (opens in a new tab); § 17(1), § 19(1) MüG).
German for safety information: what § 6 covers
For GPSR products, § 6 ProdSG (opens in a new tab) requires German for:
- instructions and safety information supplied with the product (Articles 9(7) and 11(4) GPSR);
- warnings and safety information in every online offer (Article 19(d));
- additional digital information, for example behind a QR code (Article 21);
- warnings and safety information on marketplace listings (Article 22(9)(d)).
Missing German instructions and missing German warnings in an online offer are separate offences, each fined up to 10,000 euros (§ 28(2) Nos. 6 and 26, (3) ProdSG). Our country table of GPSR language requirements covers the other member states.
Fines by role: who can be fined under § 28 ProdSG
§ 28(2) ProdSG (opens in a new tab) lists 32 GPSR offences; only failures on corrective measures (Nos. 7 and 19) carry up to 100,000 euros, the rest up to 10,000 euros (§ 28(3)). Details: GPSR penalties. By role:
| Role | Examples | § 28(2) ProdSG |
|---|---|---|
| Manufacturer | No risk analysis or technical documentation, no corrective measures, authorities not informed of a dangerous product | Nos. 1, 7, 9 |
| Authorized Representative | Mandate not presented, documents not provided, no Safety Business Gateway notification where required | Nos. 13, 14, 15 |
| Importer | Placing a product on the market despite reason to believe it does not comply, corrective measures not ensured | Nos. 16, 19 |
| Distributor | Making a product available despite reason to believe it does not comply | No. 21 |
| Responsible Person (Article 16 GPSR) | No documented evidence of its regular checks on request | No. 24 |
| Every economic operator | Information not provided on request, EU operator details missing, incomplete online offer | Nos. 22, 25, 26 |
What your Responsible Person in Germany should expect
A German case can run like this:
- Check or complaint: a state authority selects products by risk, complaints and an operator's past record (Article 11(3) of Regulation (EU) 2019/1020 (opens in a new tab), Article 23(1) GPSR), reviews listings and buys samples, also under a cover identity (Article 14(4)(j)). If such a sample proves non-compliant, it can claim the purchase price back (§ 7(2) MüG (opens in a new tab)).
- Request: your Responsible Person is asked for documents, information on risks, complaints and accidents, and evidence of its regular checks (Articles 15(2) and 16(2) GPSR); see market surveillance authority requests.
- Hearing and corrective action: you can comment within at least 10 working days unless the case is urgent; then the authority requires corrective action, such as German labels or a withdrawal (Articles 16(3) and 18(3) of Regulation (EU) 2019/1020).
- Beyond the case: for a dangerous product, marketplaces can be ordered to remove offers (§ 25(3) ProdSG); measures against a product with a serious risk are shared with the other member states through Safety Gate (Article 26 GPSR).
- Fines, fees and publicity: a fine procedure can follow (§ 28 ProdSG), fees follow state law (§ 11 MüG), and withdrawal and recall orders are published once final or immediately enforceable (§ 19(1) MüG (opens in a new tab)).
Example: a U.S. candle maker selling into Germany
A U.S. company sells scented candles to consumers in Germany through its own online shop; its EU Authorized Representative in Germany is the Responsible Person (Article 16(1) GPSR). After a complaint from a customer in Hamburg, the Hamburg authority (§ 4(2) MüG) finds English-only warnings in the shop and, through a test purchase, on the label.
It asks the Responsible Person for the technical documentation, the complaints and evidence of its label checks; the company adds German warnings. Each finding could be fined up to 10,000 euros (§ 28(2) Nos. 6 and 26 ProdSG). Had the test shown an unaddressed fire risk, a recall, fines of up to 100,000 euros (No. 7) and a published order (§ 19(1) MüG) could follow.
Common mistakes with the German Product Safety Act
- Expecting one federal authority. The states enforce; for online sales, several can be competent (§ 4(2) MüG).
- Assuming findings stay confidential. On request, authorities can release data on non-compliance, including the companies in the supply chain (§§ 2, 3 VIG).
- Translating the box but not the listing. § 6 ProdSG also covers online offers and marketplace listings.
- Assuming the Responsible Person cannot be fined. It can, for its own duties, such as evidence of its checks (§ 28(2) No. 24) or, as Authorized Representative, presenting its mandate (No. 13).
Conclusion: four steps before a German authority asks
When the manufacturer is outside the EU, your Responsible Person is the German authorities' contact in the EU (Article 16 GPSR, Article 4(3) of Regulation (EU) 2019/1020), so prepare:
- German texts: instructions, label warnings and listing warnings in German for every product sold in Germany (§ 6 ProdSG).
- Documents at hand: your Responsible Person can produce the technical documentation and information on complaints and accidents on request (Articles 15(2) and 16 GPSR).
- Clear roles: agree in writing who answers authorities and who decides on corrective action.
- Complaint handling: investigate safety complaints and accident reports and keep your complaints register (Article 9(12) GPSR); one complaint in Germany can start a case (§ 4(2) MüG).
As your GPSR Responsible Person, Representa reviews labeling, packaging and manuals and handles communication with authorities and online platforms, within the agreed scope and mandate. Our market surveillance support covers authority inquiries and inspections and keeps your technical documentation available for 10 years.
Frequently asked questions
When did Germany's new Product Safety Act take effect?
The Act amending the Product Safety Act of 3 February 2026 was published in the Federal Law Gazette on 5 February 2026 (BGBl. 2026 I No. 29) and entered into force on 19 February 2026 (Article 6). The GPSR itself has applied directly since 13 December 2024.
Does the German Product Safety Act replace the GPSR?
No. The GPSR is an EU regulation and applies directly in Germany. The ProdSG adds what the GPSR leaves to the member states: German for safety information (§ 6), powers of the market surveillance authorities (§ 25) and fines and criminal offences (§§ 28 and 29).
Which authority checks consumer products in Germany?
The market surveillance authorities designated under the law of each federal state (§ 25(1) ProdSG). For products sold online, the authority of the district where the product can be ordered and delivered is competent; for complaints, the one where the complainant lives or does business (§ 4(2) MüG). Customs check products entering the EU (§ 4(3) MüG).
Does the German Product Safety Act apply if I ship from outside the EU?
Yes. If your online offer targets consumers in Germany, the product counts as made available on the EU market (Article 4 GPSR), and German authorities enforce the GPSR and the ProdSG. Their main contact is the economic operator in the EU, your Responsible Person (Article 16 GPSR, Article 4(3) of Regulation (EU) 2019/1020).
Do products for professional users need German instructions in Germany?
If a ready-to-use product falls under neither the GPSR nor EU harmonization legislation, § 3(4) ProdSG requires instructions for use in German where safe use depends on following certain rules. For GPSR products, § 6 ProdSG requires German instructions and safety information.
