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GPSR

As of December 13, 2024, the General Product Safety Regulation (GPSR) has come into effect, introducing new requirements for the sale of products within the European Union (EU) and Northern Ireland (NI). As an Artist or Label selling physical merchandise on Bandcamp, it's important to understand how this regulation might impact you.

What is the GPSR (General Product Safety Regulation)?

The GPSR is a new EU law aimed at ensuring that products sold within the EU and NI are safe for consumers. It applies to all types of products, including music merchandise  (vinyl records, CDs, apparel, posters, etc.). The regulation sets new standards for product safety, labeling, and traceability. You can read more about the GPSR here.

Key points of the GPSR

  • Product Safety Requirements: All products sold in the EU and NI must meet specific safety standards to ensure they do not pose a risk to consumers. This includes ensuring that your merchandise is safe for use, especially when it comes to materials, labeling, and manufacturing processes.
  • Traceability and Information: Sellers must be able to provide clear and accessible information about the products they sell. This includes ensuring that products can be traced back to their manufacturers if there are any issues or safety concerns – for Bandcamp, a Manufacturer can be defined as the Label or Artist selling the items.
  • Risk Assessment and Recall Procedures: If a product is found to be unsafe, the seller is required to act swiftly to recall it and inform consumers.
  • Sales-based GSPR Application: The GPSR applies to all businesses selling physical products to customers in the EU and NI, regardless of where the seller is based. This means that even if your Bandcamp store is based outside of the EU or NI, if you sell to EU and NI customers, you must comply with the GPSR.
  • Responsible Persons: Products covered under the GPSR must have an EU-based “economic operator” as a “Responsible Person” in order to be placed on the EU market. The name, postal address and electronic address of the Responsible Person also needs to be displayed on every product.

How the GSPR Affects Bandcamp Artists and Labels

If you're selling and shipping physical products (like vinyl, CDs, cassettes, T-shirts, posters, etc.) through Bandcamp to customers in the EU or NI, you are now subject to the rules laid out by the GPSR. Here’s how it impacts your Bandcamp store:

  • Product Safety Compliance: If you sell physical merchandise, you’ll need to ensure that your products meet the EU's safety standards. This may require you to check the materials and manufacturing processes of your products, especially if you’re working with third-party suppliers or manufacturers.
    • Example: If you’re selling vinyl records, make sure that the records and packaging comply with the EU’s safety regulations.
  • For items sold prior to GPSR release: GPSR does not apply to items released to the public prior to December 13, 2024, where the seller can prove that the individual item they are selling has been placed on the EU or /NI markets prior to that date. Per GPSR, the seller is responsible for maintaining documentation related to prior market availability. This may include receipts, shipment records, or other documentation proving that the item was available in the EU/NI market before December 13, 2024.
  • Who can be listed as a Responsible Person? The Responsible Person can be one of the following and must be located in the EU or NI:
    • The Manufacturer;
    • An importer
    • An authorized representative of the Manufacturer; or
    • A fulfillment service provider if the Manufacturer, importer, and authorized representative aren’t based in the EU or NI.
      We should point out that Bandcamp may not be listed as your Responsible Person for purposes of the GPSR. (We are responsible people, though.)

What Bandcamp Is Doing

Bandcamp is actively working to ensure compliance with the General Product Safety Regulation (GPSR) requirements. We will share updates when available. In the meantime, sellers remain responsible for ensuring their products are compliant. If you have questions or need assistance, please don’t hesitate to contact us.

The materials provided here are for general informational purposes only. These materials do not, and are not intended to, constitute legal advice, and you should not act or refrain from acting based on any information provided on this website. Please consult with your own legal counsel regarding your situation and specific legal questions.

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