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.<\/p>\n
Regulatory Requirements<\/p>\n
European Union<\/strong><\/p>\n Technology-related developments<\/p>\n AI Regulation<\/strong><\/p>\n 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 \u2013 see below). In the meantime, the European Commission is encouraging companies to sign voluntary pledges in connection with the AI Act.\u00a0<\/p>\n Learn More<\/strong><\/a><\/p>\n AI Liability Directive<\/strong><\/p>\n The European Commission (EC) proposed an AI Liability Directive (\u201cAILD\u201d) 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Digital Services Act<\/strong><\/p>\n The aim of the Digital Services Act (EU Regulation 2022 \/ 2065) (\u201cDSA\u201d) 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Reform of existing legislation<\/p>\n Toy Safety Directive \/ Regulation<\/strong><\/p>\n The Toy Safety Directive (\u201cTSD\u201d) 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).<\/p>\n Learn More<\/strong><\/a><\/p>\n Machinery Regulation<\/strong><\/p>\n In July 2023, a new regulation on machinery products (the \u201cMachinery Regulation\u201d (Regulation 2023 \/1230)) came into force, updating the Machinery Directive 2006 \/ 42 \/ EC (the \u201c2006 Directive\u201d).<\/p>\n Learn More<\/strong><\/a><\/p>\n The Blue Guide<\/strong><\/p>\n 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Sustainability \/ Green Deal \/ Circular Economy<\/p>\n Green Deal and Circular Economy<\/strong><\/p>\n The European Green Deal, launched in 2019, is the European Union\u2019s flagship decarbonisation strategy. The Green Deal sets the target of a carbon-neutral Europe by 2050 (i.e., \u201cnet-zero\u201d). To help achieve this aim, EU Member States have pledged to reduce emissions by at least 55% by 2030, compared to 1990 levels.<\/p>\n Learn More<\/strong><\/a><\/p>\n Deforestation Regulation<\/strong><\/p>\n On 31 May 2023, the new EU Regulation aimed at tackling deforestation and forest degradation (2023\/1115\/EU) (the \u201cDeforestation Regulation\u201d) 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Sustainable Batteries Regulation<\/strong><\/p>\n On 17 August 2023, Regulation (EU) 2023\/1542 concerning batteries and waste batteries (the \u201cBatteries Regulation\u201d) 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Packaging and Packaging Waste Regulation<\/strong><\/p>\n 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 \u201cRegulation\u201d), 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Ecodesign for Sustainable Products Regulation<\/strong><\/p>\n 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 (\u201cESPR\u201d).<\/p>\n Learn More<\/strong><\/a><\/p>\n Germany<\/p>\n Sustainability \/ Green Deal \/ Circular Economy<\/p>\n Plastic carrier bag ban<\/strong><\/p>\n 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Single-Use Plastic Levy<\/strong><\/p>\n In early 2023, the German legislature adopted the \u201cSingle-Use Plastic Fund Act\u201d (in German: Einwegkunststofffondsgesetz, \u201cEWKFondsG\u201d). 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n United Kingdom<\/p>\n Technology-related developments<\/p>\n Product Safety and Communications<\/strong><\/p>\n The economic loss resulting from cyber attacks is estimated at over \u00a31 billion per year (see the Explanatory Notes to the Product Security and Telecommunications Infrastructure Act 2022 (the \u201cAct\u201d).<\/p>\n Learn More<\/strong><\/a><\/p>\n Reform of existing legislation<\/p>\n UKCA Marking<\/strong><\/p>\n The UKCA mark is the United Kingdom\u2019s (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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Sustainability \/ Green Deal \/ Circular Economy<\/p>\n Deforestation Regulation<\/strong><\/p>\n In November 2020, the Department for Environment, Food & Rural Affairs (\u201cDEFRA\u201d) introduced the Forest Risk Commodities (\u201cFRC\u201d) due diligence regime under the Environment Act 2021 with the aim of tackling deforestation associated with products sold in the UK.<\/p>\n Learn More<\/strong><\/a><\/p>\n Plastic Packaging Tax<\/strong><\/p>\n The UK Plastic Packaging Tax (\u201cPPT\u201d) 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Product Liability<\/p>\n European Union<\/p>\n Reform of existing legislation<\/p>\n Product Liability Reform<\/strong><\/p>\n 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Collective Redress \/ Class Action<\/strong><\/p>\n The Representative Actions Directive introduced rules allowing organizations and public bodies to seek redress on behalf of groups of consumers through representative actions.<\/p>\n Learn More<\/strong><\/a><\/p>\n United Kingdom<\/p>\n Reform of existing legislation<\/p>\n UK Product Liability Reform<\/strong><\/p>\n 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Market Surveillance & General Product Safety<\/p>\n European Union<\/p>\n Technology-related developments<\/p>\n Market Surveillance Regulation<\/strong><\/p>\n 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.<\/p>\n Learn More<\/strong><\/a><\/p>\n Reform of existing legislation<\/p>\n General Product Safety Regulation<\/strong><\/p>\n The new GPSR looks set to be one of the most significant updates to the EU\u2019s product regulatory landscape in modern history \u2013 making substantial amendments to the GPSD, which has been in force for more than two decades.<\/p>\n Learn More<\/strong><\/a><\/p>\n United Kingdom<\/p>\n Reform of existing legislation<\/p>\n