Which obligations do I have as an Online Retailer?

• Verification that all previous actors in the supply chain have fulfilled their obligations.
• Exclusive provision of compliant products. 
• Checking the conformity labelling and take corrective measures if safety-related defects are found in the product. 
• Provision of information for market surveillance as soon as a product poses a risk or during inspections by the authorities. 
• Close cooperation with market surveillance authorities.

Which obligations do I have as an Online Marketplace?

• Verification that all previous actors in the supply chain have fulfilled their obligations. 
• Exclusive provision of compliant products.
• Checking the conformity labelling and take corrective measures if safety-related defects are found in the product. 
• Provision of information for market surveillance as soon as a product poses a risk or during inspections by the authorities. 
• Close cooperation with market surveillance authorities. 
• Immediate removal of content from the marketplace in the event of compliance violations.

Which obligations do I have as a Fulfillment Provider?

• Introducing exclusively compliant products into the European internal market. 
• Checking whether all previous actors in the supply chain have fulfilled their obligations.
• Take corrective measures if safety-related defects in the product are discovered. 
• Check self-provided products on the basis of complaints and random samples. 
• Provision of information for market surveillance as soon as a product poses a risk or during controls by the authorities. 
• Close cooperation with market surveillance authorities.
• Affix name and address to the product. (2021)

between € 10,000 and € 100,000 according to §39 ProdSG.

If the address and name of the manufacturer are missing, a fine of up to € 10,000 may be imposed.

• Minor offences € 3,000 to € 10,000.
• Serious violations € 30,000 to € 100,000

Repeated violations of the obligations of the Product Safety Act are subject to a prison sentence of up to one year or a fine according to §40 ProdSG.

If manufacturers and retailers violate the ProdSG, this constitutes unfair competition according to § 3a ProdSG. Possible consequences are warnings and compensation payments.