Two sets of rules, one product
The Toy Safety Directive 2009/48/EC sets the safety requirements for toys: the conformity assessment, the CE marking, warnings, and the duties of manufacturers, importers and distributors. The General Product Safety Regulation (EU) 2023/988, known as the GPSR, has applied since December 2024 to consumer products in the EU. For toys, the GPSR fills the gaps the Directive does not cover, notably around online sales, accidents and recalls.
For products that are not toys, such as kids’ backpacks, purses and beach bags, the GPSR is the main safety law. That is why the first question for every item in your shop is: is it a toy or not? Plush backpacks and plush purses designed for play can be borderline, and we check them case by case.
Who is who in the supply chain
| Role | Who it usually is | Main duties for toys |
|---|---|---|
| Manufacturer | The factory, or you if the toy carries your brand | Safety assessment, technical file, declaration of conformity, CE marking, labels |
| Importer | The EU company that first brings the toy in from outside the EU | Check the manufacturer’s work, add own name and address, keep the declaration, cooperate with authorities |
| Distributor | Shops and online sellers buying from an EU importer | Check CE marking, labels, warnings and addresses; do not sell toys you suspect are unsafe |
| Fulfilment service provider | Warehouses that store, pack and ship for others | Can be the responsible economic operator when no other is in the EU |
| Online marketplace | Amazon, Allegro, eBay, Otto and others | Provide the fields for safety information, act on notices and recalls |
A product covered by EU harmonisation rules, such as a toy, may only be placed on the market if there is an economic operator established in the EU who is responsible for it. If you buy from a factory outside the EU and sell under your brand, that is likely to be you, or your importer.
What an online toy listing must show
The GPSR requires distance sellers to show certain information clearly in the listing, before the order:
- the manufacturer’s name, registered trade name or trade mark, postal and electronic address;
- if the manufacturer is outside the EU, the name and contact details of the responsible person in the EU;
- information to identify the product: a picture, the type and any other identifier;
- warnings and safety information in the language of the country where the product is offered.
For toys, this means the age grade and the warnings from the box, such as “Not suitable for children under 36 months” with the hazard, must appear in the listing. The same applies to the specific warnings for aquatic toys, activity toys and others. A photo of the box is not enough if the text cannot be read.
What must be on the product
On the toy or its packaging you still need what the Toy Safety Directive requires: CE marking, type or batch number, manufacturer’s and importer’s names and addresses, and warnings in the right language. For non-toy products such as bags, the GPSR sets the labelling: the manufacturer’s name, postal and electronic address, a product identifier and any warnings. For our private-label clients we prepare one artwork block that covers both, and we check it against each country of sale.
Accidents, complaints and recalls
The GPSR sets clearer duties when something goes wrong:
- Manufacturers must provide channels for consumers to report safety problems and must investigate complaints.
- If a product has caused a serious accident, the manufacturer must notify the authorities without delay through the EU Safety Business Gateway. Importers and distributors that learn of such an accident inform the manufacturer, and in some cases notify themselves.
- A recall must be communicated directly to affected consumers where possible, with a clear recall notice, and must offer at least one remedy: repair, replacement or refund.
Keep sales records and batch numbers so that you can reach customers if you ever need to. Marketplaces will pass on recall information, but they expect sellers to act.
Marketplace practice
Marketplaces have added mandatory fields for the manufacturer, the responsible person and safety information, and many ask for documents on request. Some categories ask for the EN 71 test report, the declaration of conformity or pictures of labels and warnings. Prepare a document set per item before you list it:
- declaration of conformity and EN 71 reports for toys;
- REACH declarations where the material requires them;
- label and packaging pictures showing CE marking, warnings, addresses and batch number;
- warning and safety text for each language you sell in;
- for non-toys, a safety information sheet and textile labelling details where relevant.
Our page for online sellers explains how we supply these with each order.
Selling across borders
If you sell to several EU countries from one stock, check the language of every warning and the EPR duties for packaging and, in some countries, for toys themselves. Germany requires packaging registration, France has EPR schemes for packaging and for toys and the Triman logo, Italy has packaging labelling rules and Poland has its own register. Who registers depends on who places the goods on the market in that country. See our markets page for country notes.
Common mistakes
- Listing a toy without the importer’s address on the box.
- Showing the age grade in the title but not the warning with the hazard.
- Using one generic listing text for all countries.
- Listing kids’ bags as toys, or plush toys as decorations, to avoid rules. Do neither.
- Changing the product or supplier without updating the documents.
Where we stand
We are an EU importer based in Poland. Toys are supplied with the manufacturer’s EN 71 test reports on request, and we check the documents before shipment. We check age grading and warnings in the language of each country of sale, and we follow the transition to the new Toy Safety Regulation adopted in 2025. Read more on our toy safety page.
