The Product Risk Radar is our online content hub for the latest important legal developments in product regulatory and liability risk affecting the UK and EU (including some specific content for Germany). Through our hub, we will post regular updates to help you navigate this increasingly challenging landscape.
Regulatory Requirements
European Union
Technology-related developments
AI Regulation
The AI Act is now in force. However, the provisions of the AI Act do not yet apply (with many not coming into force until August 2026 – see below). In the meantime, the European Commission is encouraging companies to sign voluntary pledges in connection with the AI Act.
AI Liability Directive
The European Commission (EC) proposed an AI Liability Directive (“AILD”) on adapting non-contractual civil liability rules to artificial intelligence (AI), with the aim of helping to promote trust in AI. This seeks to address challenges faced by victims of AI-related damage to make claims and receive compensation.
Digital Services Act
The aim of the Digital Services Act (EU Regulation 2022 / 2065) (“DSA”) is to facilitate innovation and competition to ensure the development of innovative cross-border digital services, while at the same time maintaining a safe online environment by seeking to balance the responsibilities of users, platforms, and public authorities.
Reform of existing legislation
Toy Safety Directive / Regulation
The Toy Safety Directive (“TSD”) is intended to provide a common standard for the safety of toys throughout the whole of the EEA, and outlines various provisions that toy products must comply with (including, mechanical and physical safety, flammability, and, in particular, limits for chemical substances in the accessible parts of toys).
Machinery Regulation
In July 2023, a new regulation on machinery products (the “Machinery Regulation” (Regulation 2023 /1230)) came into force, updating the Machinery Directive 2006 / 42 / EC (the “2006 Directive”).
The Blue Guide
The latest version of the Blue Guide was published in June 2022 and is available online. The Blue Guide is an important tool for authorities and economic operators subject to EU product compliance laws. Although it is not binding, the Blue Guide is a very useful reference guide to areas of UK product legislation that remain aligned with the EU in the post-Brexit era.
Sustainability / Green Deal / Circular Economy
Green Deal and Circular Economy
The European Green Deal, launched in 2019, is the European Union’s flagship decarbonisation strategy. The Green Deal sets the target of a carbon-neutral Europe by 2050 (i.e., “net-zero”). To help achieve this aim, EU Member States have pledged to reduce emissions by at least 55% by 2030, compared to 1990 levels.
Deforestation Regulation
On 31 May 2023, the new EU Regulation aimed at tackling deforestation and forest degradation (2023/1115/EU) (the “Deforestation Regulation”) was published in the Official Journal. The new Regulation requires companies to undertake due diligence into the source of a wide range of commodities, including cattle, cocoa, coffee, palm oil, rubber, soya, and wood, to ensure that they have not been obtained as a result of deforestation.
Sustainable Batteries Regulation
On 17 August 2023, Regulation (EU) 2023/1542 concerning batteries and waste batteries (the “Batteries Regulation”) entered into force. The new Regulation repeals and replaces the existing Batteries Directive (2006/66/EC) and seeks to make all batteries placed on the EU market more durable, safe, sustainable, and efficient by introducing new mandatory design, content, and conformity assessment requirements.
Packaging and Packaging Waste Regulation
On 4 March 2024 the Council of the European Union and the European Parliament reached a provisional political agreement on the new Packaging and Packaging Waste Regulation (the “Regulation”), which will replace the current Packaging and Packaging Waste Directive 94/62/EC. The Regulation aims to reduce packaging waste and introduces a range of sustainability measures including a requirement for all packaging to be recyclable by 2030.
Ecodesign for Sustainable Products Regulation
Following its promise to deliver more environmental sustainability and circularity in its European Green Deal, on 30 March 2022 the European Commission published an expansive package of proposals aimed at making sustainable products the norm in the EU. A key element of the package is the Ecodesign for Sustainable Products Regulation (“ESPR”).
Germany
Sustainability / Green Deal / Circular Economy
Plastic carrier bag ban
In 2016, the German Federal Ministry of Environment and the German retail industry agreed on voluntary measures to reduce the use of plastic carrier bags. However, upon evaluation of the success of such voluntary action by the industry, the Government came to the opinion that such voluntary measures had not proven to be successful.
Single-Use Plastic Levy
In early 2023, the German legislature adopted the “Single-Use Plastic Fund Act” (in German: Einwegkunststofffondsgesetz, “EWKFondsG”). This new law requires manufacturers of specific single-use plastic products to cover the costs of waste collection, cleaning up litter resulting from those products and the subsequent transport and treatment of such litter.
United Kingdom
Technology-related developments
Product Safety and Communications
The economic loss resulting from cyber attacks is estimated at over £1 billion per year (see the Explanatory Notes to the Product Security and Telecommunications Infrastructure Act 2022 (the “Act”).
Reform of existing legislation
UKCA Marking
The UKCA mark is the United Kingdom’s (UK) new conformity mark for certain types of products placed on the Great Britain (England, Scotland, and Wales) market. It can generally be used on products subject to CE marking for the European Union (EU) market, such as toys, electrical goods, machinery, and PPE, as well as aerosol products which previously required the reversed epsilon marking.
Sustainability / Green Deal / Circular Economy
Deforestation Regulation
In November 2020, the Department for Environment, Food & Rural Affairs (“DEFRA”) introduced the Forest Risk Commodities (“FRC”) due diligence regime under the Environment Act 2021 with the aim of tackling deforestation associated with products sold in the UK.
Plastic Packaging Tax
The UK Plastic Packaging Tax (“PPT”) came into force on 1 April 2022. The PPT was introduced in the Finance Act 2021 with the Plastic Packaging Tax (General) Regulations 2022 setting out the specific requirements for the regime.
Product Liability
European Union
Reform of existing legislation
Product Liability Reform
The EU Product Liability Directive established a strict (no fault) liability regime for defective products. Since then, technology has developed rapidly but the law has not kept pace.
Collective Redress / Class Action
The Representative Actions Directive introduced rules allowing organizations and public bodies to seek redress on behalf of groups of consumers through representative actions.
United Kingdom
Reform of existing legislation
UK Product Liability Reform
Product safety and regulatory reform is beginning to take shape in the UK. The Product Regulation and Metrology Bill is making its way through the legislative process.
Market Surveillance & General Product Safety
European Union
Technology-related developments
Market Surveillance Regulation
The Market Surveillance Regulation aims to improve and modernise market surveillance of almost all non-food products in the EU by providing an efficient and harmonised approach to the implementation of EU regulations and directives.
Reform of existing legislation
General Product Safety Regulation
The new GPSR looks set to be one of the most significant updates to the EU’s product regulatory landscape in modern history – making substantial amendments to the GPSD, which has been in force for more than two decades.
United Kingdom
Reform of existing legislation
OPSS
Product safety and regulatory reform is beginning to take shape in the UK. The Product Regulation and Metrology Bill is making its way through the legislative process.
