Product Safety Law
Since people use a large number of technical products on a daily basis and since products can cause considerable risks, a wide-ranging set of regulations has been created in the EU which deals with the technical properties of products. If products do not meet the legal requirements, they are not merchantable.
The addressee of the regulations is not only the actual producer of a product, but also the person who presents himself to the end customer as the manufacturer by means of a corresponding product labelling using his name or trademark
In addition to the German Product Safety Act (ProdSG), other European and (harmonized) national regulations must be complied with depending on the product:
Regulations subject to CE requirements
EMC Directive (electromagnetic compatibility)
- RoHS Directive on the Restriction of the Use of certain Hazardous Substances in Electrical and Electronic Equipment and German ElektroStoffV
- Machinery Directive
- Medical Devices Regulation (EU)
- Measuring Instruments Directive
- Low Voltage Directive
- Ecodesign Directive
- Outdoor-Directive (noise emission)
- Radio Equipment Directive
- Toys Safety Directive
- Recreational Craft Directive
As a rule, the following stages should be completed to meet the “CE” requirements:
- Clarification which directive(s) and harmonized standards apply to the product.
- Determination of the specific requirements for the product.
- Clarification as to whether a notified body must be involved in the conformity assessment procedure.
- Testing the product and verifying its conformity.
- Compilation of the necessary technical documentation.
- CE marking of the product and drafting of the EC declaration of conformity
Regulations not subject to CE requirements
German Product Safety Act (ProdSG)
· German Electrical and Electronic Equipment Act / WEEE Directive / (EAR)
· REACH (Chemical Substances)
· German Battery Act (BattG)
· Packaging Act 2019 (VerpackG)
The legal regulations also stipulate product-dependent labelling obligations (address details, CE conformity symbol, electrical law WEEE – waste bin symbol, battery law (BattG) symbol, …), voluntary certification symbols (GS symbol) and other voluntary self-declarations (e.g. recycling symbols).
We advise, represent and support manufacturers, importers and distributors in all product safety issues, such as
- Legal product requirements
- CE and GS management
- Labelling requirements
- Instruction manual
- Counselling and representation in official enquiries / objections
- Product recalls
- Legal defence against competitors who dispute the marketability of products (warning / injunction / civil proceedings)
- Anonymous test purchases and testing of competing products as well as initiation of out-of-court, court and administrative measures
- Product Liability Law