Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

15/12/2022 - Product safety in the EU: new rules are coming for e-commerce and technological products

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: U.E. - products - safety

On 29 November 2022, with a specific Regulation (EU) 2022/2065 of 19 October 2022 of the European Parliament and of the Council, the E.U. relating to the general safety of products, the regulatory framework offered by Directive 2001/95/EC was reformed with the aim of facing the challenges posed by digital technology also in the area of product safety, above all to counter the diffusion of illegal contents online by introducing obligations for online brokerage service providers, including those qualifying as online marketplace providers. However, the scope of application remains the same: the Regulation in fact applies to products for which there are no specific provisions governing their safety within the context of EU legislation. Where the products are subject to safety requirements prescribed by EU legislation, on the other hand, the Regulation applies only to the aspects and risks or categories of risks not subject to these requirements. However, the definition of “product” changes to “any article, whether or not interconnected with other articles”. The audience of subjects considered also changes: the Regulation introduces specific obligations for e-commerce platforms, “online marketplace” suppliers. The regulation also introduces a stay-down clause: for the period of time indicated in the order authority, all products identical to the illegal content shall be removed from the online marketplace