Have You Risk Assessed Your Chatbot? The General Product Safety Regulation

Amid the hype of agentic AI and people developing unfortunate relationships with chatbots, it's worth a reminder that the GPSR establishes safety obligations on manufacturers and their agents and other authorised representatives, importers, distributors, fulfilment service providers (e.g. warehouses) and online marketplaces who are targeting or otherwise participating in the EU consumer market, as well as Northern Ireland and the EEA (even if based outside the EU). This post is for information purposes. Let me know if you need legal advice, either via the UK or Ireland/EEA.

A 'product' could be any item, whether tangible, non-tangible or mixed nature, including software/AI applications, whether new, used, repaired or reconditioned, as of 13 December 2024 or since.

The GPSR does not legislate for product liability, which is dealt with under EU product liability legislation.

The European Commission has now issued detailed GPSR guidelines to help affected businesses to understand the requirements, including criteria for each category and how a business could fall into more than one. 

The UK government has also issued guidelines for businesses targeting or otherwise participating in the Northern Ireland market.

Manufacturers must perform and record an internal risk analysis before placing a product on the EU market (the guidelines include a template). Those based outside the EU will need to appoint a "responsible person" in the EU (who could be an importer etc) and disclose that on the product, packaging, parcel or an accompanying document. The 'responsible person' also has certain obligations, including notification of accidents. 

Safety recall and warnings to consumers should be done in a certain manner; and there is a Safety Business Gateway that firms (or their 'responsible person') must use to inform the authorities about dangerous products and accidents, depending where they sit in the supply chain.

This post is for information purposes. Let me know if you need legal advice, either via the UK or Ireland/EEA.