E-commerce Product Safety: The EU Redefines the Rules for Non-EU Imports
End of the regulatory “no-man’s land”
The exponential rise of e-commerce has introduced a radical transformation in consumer and business models. While it has democratized access to a global market, it has also created a vast regulatory “gray area,” exploited by non-EU operators to place low-cost products on the Single Market that systematically bypass the complex and burdensome European compliance framework.
This competitive asymmetry has created a market distortion detrimental to European companies and, most importantly, has exposed consumers to growing safety risks. With the resolution of July 9, 2025, the European Parliament lays the groundwork for a profound strategic reform of e-commerce product safety and the management of non-EU imports.
Risks and critical flaws of the current model
To understand the scope of the resolution, it is essential to analyze the systemic flaws it aims to address. A daily flow of about 12 million low-value shipments, predominantly from China, has overwhelmed traditional control mechanisms.
The direct consequences have been:
- Widespread Non-Compliance: An alarming share of products imported via online platforms systematically violates basic e-commerce product safety regulations. Examples include: REACH Regulation (chemicals), CE marking, Toy Safety Directive (2009/48/EC), Electrical Equipment Directives (LVD/EMC/RoHS), and the Cosmetics Regulation (EC 1223/2009).
- Customs and Tax Evasion: The customs duty exemption for shipments valued at less than €150 (the de minimis regime) has been heavily exploited, encouraging the deliberate undervaluation of goods and depriving the EU of billions of euros in revenue.
- Responsibility Vacuum: In the event of an unsafe product, identifying a legally liable economic operator within the EU is often impossible. The non-EU seller is hard to reach, and platforms have long defined themselves as mere passive intermediaries.
The pillars of the European reform on e-commerce product safety
The European Parliament is addressing these issues with a multi-layered approach, integrating existing regulatory tools like the Digital Services Act (DSA) and the General Product Safety Regulation (GPSR).
The pillars of the new strategy are:
- Abolition of the €150 de minimis Threshold: A key measure to eliminate the incentive for evasion and subject all goods to the same controls.
- Introduction of the “Deemed Importer”: E-commerce platforms that facilitate distance sales from a non-EU operator to an EU consumer are considered importers for the purposes of product safety legislation.
- Enhanced Customs Surveillance: Through the creation of a European customs data hub (EUCA) and the use of artificial intelligence technologies for more effective and targeted risk analysis.
- Implementation of the Digital Product Passport (DPP): An essential tool, provided for by the new Ecodesign for Sustainable Products Regulation (ESPR), to ensure full traceability and compliance verification of a product along the entire supply chain.
- Intra-EU Logistics: Incentivizing large non-EU sellers to use warehouses within the Union, allowing customs and market surveillance authorities to check bulk shipments of goods before they are parcelled and shipped to individual consumers.
The “deemed importer”: a game-changer in the chain of responsibility
The concept of the “deemed importer” represents the true revolution of this new approach. According to the Regulation (EU) 2023/988 (GPSR), responsibility for a product’s compliance lies with the manufacturer or, if they are outside the EU, with their importer established in the Union.
By making the online platform a “deemed importer”, the burden of compliance for e-commerce product safety is shifted to a legal entity present and operating within the EU, which thus becomes directly responsible.
In operational terms, this means the platform will have to:
- Verify Compliance: Actively ensure that products sold through its services have the required technical documentation (e.g., Technical File, EU Declaration of Conformity).
- Ensure Traceability: Comply with the traceability obligations of the DSA and GPSR, ensuring that information about the actual seller is complete and verified.
- Cooperate with Authorities: Respond to requests from market surveillance authorities, execute orders for the removal of unsafe products, and inform consumers in the event of a recall.
If the platform fails to meet these obligations, it can be held directly liable for damages caused by the defective product, as stipulated by the new Product Liability Directive (PLD), (EU) 2024/2853.
Strategic implications for market operators
This regulatory evolution imposes a radical paradigm shift for all actors involved:
- EU Manufacturers and Distributors: Will benefit from a rebalancing of the competitive landscape. The increased compliance burdens on non-EU operators and platforms will reduce the cost gap, enhancing the value of the quality and e-commerce product safety of European goods.
- Platforms and Marketplaces: Will no longer be able to operate as “neutral” intermediaries. They will need to implement robust due diligence processes for sellers and the products offered.
- Importers and Logistics Providers: The business model based on millions of low-value small parcels is set to become uneconomical. New opportunities will arise for models based on bulk importation and warehousing in the EU, where goods can be checked before being placed on the market.
Europe has embarked on a decisive path to fully integrate the phenomenon of cross-border e-commerce into its legal framework, placing product safety and consumer protection at the heart of its strategy. This is not a protectionist act, but a necessary extension of the principles of the Single Market.
Official Text of the European Parliament
