New Product Safety Act (ProdSG) to come into force on 19 February 2026
Why is there a new ProdSG?
An amendment to the ProdSG was necessary in order to specify and implement certain regulatory aspects of the new Regulation (EU) 2023/988 (GPSR) for the Federal Republic of Germany. The GPSR defines, in particular, product requirements for non-harmonised consumer products (consumer products without CE marking) and obligations for economic operators who make non-harmonised consumer products available on the Union market. The new ProdSG was published in the Federal Law Gazette on 5 February 2026.
Which changes are relevant in practice?
Since the product requirements for non-harmonised consumer products and the obligations of economic operators have already been in force since 13 December 2024 under the GPSR, which is directly applicable throughout the EU, the ProdSG has lost relevance overall. However, from the perspective of economic operators, particular attention should be paid to the fact, that the new ProdSG introduces sanctions for violations against the GPSR, see new § 28 ProdSG. In addition, changes have been made regarding the GS mark, see new §§ 20 ff. ProdSG.
Will the new ProdSG continue to apply to non-harmonised B2B products?
Both the GPSR and the ProdSG apply in principle only to non-harmonised consumer products (consumer products without CE marking), although certain regulatory aspects of the GSPR also apply to harmonised consumer products. However, the GPSR does not apply to products that are not used by consumers under reasonably foreseeable conditions and are therefore not consumer products ("B2B products"). The ProdSG will continue to apply as catch-all legislation for B2B products that are not subject to harmonisation, see § 1 (3) ProdSG.
What should economic operators pay attention to?
Economic operators who supply consumer products should take the new ProdSG as an opportunity to review and implement the GPSR in a legally compliant manner, if they have not already done so. After all, the liability risks for violations of the GPSR will intensify because of the new sanctions that will apply from 19 February 2026.
