Legal responsible person in extra-EU e-commerce (responsible person)
Legal figure requiring an economic operator established in the EU for every product sold (including extra-EU e-commerce). Anchored in Art. 4 of Reg. (EU) 2019/1020 and Art. 16 GPSR.
Context
The figure of the «legal responsible person in the Union»
(responsible person) is the cornerstone of the control of extra-EU e-commerce. It requires that behind every product sold in the Union (including e-commerce from third countries) there be an economic operator established in EU territory acting as the interlocutor with market surveillance authorities and guaranteeing the substantive compliance of the product.
Dual regulatory anchoring
The figure has a dual regulatory anchoring. Art. 4 of Regulation (EU) 2019/1020 on market surveillance sets out the general figure and its tasks (paragraph 3). Art. 16 of Regulation (EU) 2023/988 GPSR (General Product Safety Regulation) expressly activates it for products subject to the GPSR (non-harmonised consumer products, including textile products that do not fall under specific sectoral regimes). For products subject to sectoral harmonisation legislation (Reg. (EU) 2017/745 medical devices, etc.) the specific regimes operate. For textile/mass consumption, the binomial Art. 4 Reg. 2019/1020 + Art. 16 GPSR operates.
Literal quote of Art. 16 GPSR
«A product subject to this Regulation may not be placed on the market unless there is an economic operator established in the Union who is responsible for the tasks set out in Article 4(3) of Regulation (EU) 2019/1020 with respect to that product. Article 4(2) and (3) of that Regulation shall also apply to products subject to this Regulation.»
Tasks of the responsible person (Art. 4.3 Reg. 2019/1020)
Verify that the product is accompanied by the EU declaration of conformity or of performance where applicable, and keep that documentation at the disposal of the market surveillance authorities for the required period.
Provide to the market surveillance authorities, upon reasoned request, all the information and documentation necessary to demonstrate the conformity of the product in an official language of the requesting Member State.
Cooperate with the market surveillance authorities in any corrective action on the product, including the elimination of risks.
Inform the relevant authorities immediately when it has reasons to believe that a product presents a risk, specifying details relating to the non-conformity and to the corrective measures taken.
2025 reinforcement · COM(2025) 504 and Parliament resolution
The figure has been reinforced in 2025 by two policy instruments. First, COM(2025) 504 final · proposal for a Commission Regulation on common specifications and digitalisation (including the DPP) that amends 7 sectoral acts including the ESPR. Second, European Parliament Resolution P10_TA(2025)0154 on e-commerce from extra-EU marketplaces, which calls on the Commission to reinforce the control of non-compliant products sold via Temu, Shein, AliExpress, Amazon Marketplace and other platforms, and reinforces the role of the responsible person as the pivot of control. These instruments do not repeal or amend Art. 4 Reg. 2019/1020 or Art. 16 GPSR; rather, they politically reinforce their practical application.
Timeline
Reg. (EU) 2019/1020 market surveillance
Art. 4 sets out the general figure of the responsible person.
Application of Art. 4 Reg. 2019/1020
Full application of the obligation of a responsible economic operator.
Reg. (EU) 2023/988 GPSR
Art. 16 activates the figure for GPSR products (non-harmonised mass consumer textiles).
Application of GPSR
Full application of the GPSR and of its Art. 16 on the responsible person.
COM(2025) 504 final
Commission proposal on common specifications and DPP digitalisation that reinforces the figure.
P10_TA(2025)0154
European Parliament Resolution on extra-EU marketplaces that politically reinforces control.
Applied case
A textile brand established in a third country (for example in Turkey, Morocco or Pakistan) that sells garments to EU consumers via its own e-commerce channel or via a marketplace (Amazon Marketplace, Zalando, Vinted) must designate an economic operator established in the Union before placing products on the market.
Step one · designation. The extra-EU brand formally designates as legal responsible person an economic operator established in the Union (it may be its EU subsidiary, its exclusive EU distributor, its European importer or a specialised authorised representative service). The agreement must be in writing and accepted by the designated economic operator.
Step two · marking on the product. Art. 16.3 GPSR requires that «the name, registered trade name or registered trademark and contact details, including the postal and electronic address, of the [responsible] economic operator shall appear on the product or on its packaging, the parcel or an accompanying document». Omission is non-compliance.
Step three · documentation. The responsible person keeps the technical documentation of Art. 9.2 GPSR at the disposal of the surveillance authorities for 10 years from the placing of the product on the market, and provides it in an official language of the requesting Member State.
Step four · periodic checks (Art. 16.2 GPSR). The responsible person periodically checks that the product complies with the technical documentation (Art. 9.2 GPSR) and with the requirements of Art. 9.5, 9.6 and 9.7 GPSR (warnings, instructions, manufacturer and batch identification). It provides documented evidence to the authorities on request.
Step five · information channel. When the responsible person has reasons to believe that the product presents a risk, it must inform the relevant authorities immediately (Art. 4.3.d Reg. 2019/1020) and cooperate in the corrective measures. If it becomes aware of an accident, it must ensure that the notification is made (Art. 16.4 referenced in Art. 4 Reg. 2019/1020).
Common mistakes
Art. 4 GPSR is NOT where the responsible person is: it is Distance selling. The figure is in Art. 16 GPSR + Art. 4 Reg. 2019/1020.
Frequent confusion. Art. 4 of Regulation (EU) 2023/988 GPSR titled
«Distance selling»
regulates that online offers targeted at EU consumers are deemed marketed. The responsible person figure is in Art. 16 GPSR («Person responsible for products placed on the Union market»
), which expressly refers to Art. 4 of Regulation (EU) 2019/1020. The operative binomial is: Art. 16 GPSR + Art. 4 Reg. (EU) 2019/1020.The legal responsible person does NOT have to be a subsidiary: it can be a distributor, importer or authorised representative.
Art. 3.13 Reg. (EU) 2019/1020 defines
«economic operator»
as the manufacturer, authorised representative, importer, distributor, fulfilment service provider or any natural or legal person subject to obligations arising from harmonisation legislation. Any of these figures established in the Union can take on the status of responsible person. There are specialised professional authorised representative services for extra-EU brands without their own European structure.The responsible person is NOT the same as the «importer» under customs legislation.
The customs importer (Regulation (EU) 952/2013 · Union Customs Code) is a figure of customs law: the natural or legal person who lodges the customs declaration. The responsible person under Art. 4 Reg. 2019/1020 + Art. 16 GPSR is a figure of product law: it guarantees the substantive compliance of the product before the market surveillance authorities. They may coincide in the same person but they are distinct legal qualifications with different obligations.
Designating a responsible person does NOT exempt the extra-EU manufacturer from its substantive obligations.
The legal responsible person in the Union does not replace the extra-EU manufacturer: it complements the chain of responsibility. The extra-EU manufacturer remains responsible for the substantive obligations of Art. 9 GPSR (product safety, technical documentation, risk assessment, warnings and instructions, manufacturer and batch identification). The responsible person is the interlocutor with the market surveillance authorities and the verifier of compliance, not a substitute for the manufacturer.
Marketplace platforms are NOT automatically the responsible person for the products they list.
Online platforms (Amazon Marketplace, Zalando, AliExpress, Temu, Shein, Vinted) are
«providers of online marketplaces»
within the meaning of Art. 3.14 GPSR. They have specific obligations under Art. 22 GPSR (cooperation with authorities, removal of non-compliant offers) and under Regulation (EU) 2022/2065 DSA (Digital Services Act), but they do not automatically take on the quality of responsible person for the product. The responsible person is the figure designated by the manufacturer or the economic operator that places the product on the market.
Frequently asked questions
What is the legal responsible person in extra-EU e-commerce?
A mandatory legal figure of Union law requiring that every product sold on the EU market (including e-commerce from outside the Union) have an economic operator established in EU territory responsible for guaranteeing the substantive compliance of the product before the market surveillance authorities. Dual regulatory anchoring: Art. 4 Reg. (EU) 2019/1020 (general rule) + Art. 16 Reg. (EU) 2023/988 GPSR (activation for non-harmonised consumer products including mass textiles).
Where is the exact legal anchoring?
Dual legal anchoring. The general rule is Art. 4 of Regulation (EU) 2019/1020 on market surveillance and compliance of products. The activation for GPSR products (non-harmonised mass consumer textiles) comes from Art. 16 of Regulation (EU) 2023/988 GPSR titled «Person responsible for products placed on the Union market», which expressly refers to Art. 4 Reg. 2019/1020. Not to be confused with Art. 4 GPSR, which is «Distance selling».
What are the tasks of the responsible person?
Defined in Art. 4.3 Reg. (EU) 2019/1020 and expanded via Art. 16.2 GPSR: a) verify documentary conformity; b) provide information and documentation to the authorities in an official language of the requesting Member State; c) cooperate in corrective actions including the elimination of risks; d) inform the authorities immediately when it believes that a product presents a risk; e) periodic checks that the product complies with the technical documentation Art. 9.2 GPSR and the requirements Art. 9.5/9.6/9.7 GPSR (warnings, instructions, identification).
Does the responsible person have to be an EU subsidiary?
Not necessarily. Art. 3.13 Reg. (EU) 2019/1020 defines «economic operator» as the manufacturer, authorised representative, importer, distributor, fulfilment service provider or any natural or legal person subject to obligations. Any of these figures established in the Union can take on the status of responsible person. There are specialised professional services for extra-EU brands without their own European structure.
What happens if an extra-EU brand sells without designating a legal responsible person?
Art. 16.1 GPSR is categorical: the product cannot be placed on the EU market. Consequences: withdrawal from the market, national penalties (each Member State sets its penalty regime under Art. 44 GPSR), notification in the Safety Gate system (Art. 25 GPSR) and possible blocking of listings on marketplaces that apply their compliance policies. Omission is a substantive, not a formal, breach.
How is the figure reinforced in 2025-2026?
By two policy instruments. COM(2025) 504 final (Commission · 21 May 2025) on common specifications and digitalisation of compliance that amends 7 sectoral acts including the ESPR · reinforces digitalisation and the machine-readable identification of the responsible person. P10_TA(2025)0154 (European Parliament · 2025) on e-commerce from extra-EU marketplaces · politically reinforces the centrality of the responsible person against Temu, Shein, AliExpress, Amazon Marketplace third-party. These instruments do not repeal or amend Art. 4 Reg. 2019/1020 or Art. 16 GPSR, they reinforce them in practical application.
Does this figure apply to the textile DPP?
Not directly as a DPP obligation, but yes as enabling infrastructure. Art. 10.4 ESPR contemplates a «digital product passport service provider» as a service provider for the back-up of the DPP. The digitalisation of compliance foreseen in COM(2025) 504 may integrate the machine-readable identification of the responsible person into the future textile DPP. It is prospective articulation, not a substantive DPP obligation today.
Fuentes oficiales
- European Parliament and Council · OJEU L 13510 may 2023Binding enabling standard
- European Parliament and Council · OJEU L 16920 jun 2019General framework standard
- European Commission21 may 2025Commission legislative proposal
- European Parliament2025Parliament political Resolution
