GPSR in Poland 2026 – Product Safety Enforcement Act

On 3 January 2026, the Act of 7 November 2025 on the supervision of general product safety (Journal of Laws 2025, item 1826) entered into force. This Act constitutes a key element of the national enforcement framework for Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety (GPSR), which has been directly applicable in all EU Member States since 13 December 2024.

The Act does not establish separate or additional technical product requirements. Instead, it lays down the rules and procedures for market surveillance, defines the competences of national authorities, regulates inspection mechanisms, and provides enforcement instruments ensuring the effective application of the GPSR on the Polish market.

Material scope of application

The Act applies to products placed on the market or made available on the market within the scope defined in Article 2 of Regulation (EU) 2023/988. As a rule, it therefore covers all consumer products, unless they are subject to specific sectoral Union legislation providing an equivalent or higher level of protection of health and safety.

The obligations arising from the GPSR and the national Act apply to manufacturers, importers, distributors and authorised representatives, as well as to economic operators offering products by means of distance selling, including providers of online marketplaces.

The Act expressly relies on the definitions set out in Regulation (EU) 2023/988, thereby ensuring terminological and interpretative consistency between Union law and the national enforcement framework.

Use of the Polish language in the performance of obligations

From a practical perspective, a significant aspect of the Act is the explicit requirement that, when performing certain obligations arising from the GPSR, manufacturers, importers, economic operators and providers of online marketplaces must use the Polish language. This requirement applies in particular to product safety-related communications, warnings, information provided to consumers and cooperation with market surveillance authorities.

Competent authorities and supervisory structure

The authority competent for supervising general product safety is the President of the Office of Competition and Consumer Protection (UOKiK). Inspection activities are carried out by the provincial inspectors of the Trade Inspection.

In accordance with Regulation (EU) 2023/988, the President of UOKiK acts as the central market surveillance authority, while also serving as the single liaison office responsible for cooperation with the European Commission and the competent authorities of other Member States, coordination of the national market surveillance strategy, and the handling of notifications within the Safety Gate system.

Product inspections – scope and conduct

The Act regulates in detail both planned and ad hoc inspections, conducted on the basis of risk analysis. Inspections may cover traditional brick-and-mortar distribution channels as well as distance selling, including e-commerce.

Market surveillance authorities are empowered to request technical documentation and information on supply chains, take product samples for testing, conduct laboratory examinations, and perform inspections both in physical premises and remotely, including through the use of anonymous test purchases.

Where a product is found to present a serious risk, the authorities may issue a decision prohibiting the making available of the product on the market with immediate effect.

Proceedings concerning general product safety and supervisory measures

The Act establishes a detailed catalogue of measures that may be applied by the President of UOKiK where a product is found to be dangerous or non-compliant with Regulation (EU) 2023/988. A key guiding principle is proportionality, under which measures are selected having regard to the nature of the infringement, the scale of the risk and the actual threat to consumer health or safety.

In practice, proceedings do not necessarily result in the withdrawal of a product from the market. Where the risk is limited or occurs only under specific conditions, the authority may order the elimination of the risk, require the product to be brought into compliance with the GPSR, or mandate the use of appropriate warnings in the Polish language. The Act also allows conditions to be specified under which the product may continue to be made available on the market.

In more serious cases, where less restrictive measures prove insufficient, the authority may impose prohibitions on making the product available, order its immediate withdrawal from the market, require recovery from consumers, or, ultimately, mandate its destruction or permanent disposal. Decisions adopted in cases involving serious risk are subject to immediate enforceability.

The President of UOKiK is also granted extensive powers to enforce decisions, including the right to require evidence of compliance and to instruct the Trade Inspection to carry out follow-up inspections. Proceedings may be discontinued where it is demonstrated that the product is safe, compliant with the GPSR, or that the economic operator has effectively eliminated the causes of the risk.

An important element of the system concerns the allocation of costs. Where proceedings result in a finding of non-compliance or the adoption of corrective measures, the costs of testing, expert opinions, transport and disposal of samples are borne by the economic operator. Where compliance is confirmed, such costs are borne by the State.

Online marketplaces, information society services and online interfaces

The Act expressly addresses the realities of the digital economy and online sales. Where an economic operator fails to comply with a decision concerning a dangerous product, the President of UOKiK may issue binding decisions directly to providers of online marketplaces and information society services.

In practice, this allows for orders requiring the removal of listings, content or entire product pages from online interfaces, restricting access to them, or displaying clear warnings to end users. In situations requiring immediate action, in particular where consumer health or life is at risk, such decisions are also subject to immediate enforcement.

These mechanisms are designed to remain consistent with the Digital Services Act (DSA), particularly as regards communication with platforms and the use of single points of contact.

Controls at the external borders of the European Union

The regulatory framework also covers the stage at which products are introduced onto the EU market. Customs authorities, acting pursuant to Regulation (EU) 2019/1020, are empowered to control products declared for release for free circulation with regard to compliance with general product safety requirements.

Where doubts arise as to product safety, customs authorities cooperate with provincial Trade Inspection inspectors, who may issue opinions, request documentation from importers and take samples for testing. Where a product is not released for free circulation, the importer bears the costs of testing and expert assessments. Where compliance is confirmed, such costs are borne by the State.

Administrative fines as an enforcement tool under the GPSR

The Act significantly strengthens the system of administrative sanctions. Administrative fines may be imposed across the entire supply chain, including manufacturers, importers, distributors, as well as providers of online marketplaces and information society services.

The most serious infringements, in particular placing on the market products that do not comply with the general safety requirement or failing to comply with decisions of market surveillance authorities, may result in fines of up to PLN 1,000,000. The Act specifies detailed criteria for determining the amount of fines, taking into account, inter alia, the gravity of the infringement, the scale and duration of the risk, the economic benefits obtained and the degree of cooperation with authorities.

Notably, the legislator has excluded the possibility of refraining from imposing a fine under the general rules of administrative procedure, emphasising the preventive and protective nature of the regulation.

Transitional provisions and systemic significance of the Act

The Act contains extensive transitional provisions ensuring the continuity of proceedings initiated under the previous legal framework and setting out rules for the continued making available of products placed on the market before 13 December 2024. At the same time, it abolishes former national registers of dangerous products, integrating the Polish system with Union mechanisms, in particular the Safety Gate system.

As a result, the Act on the supervision of general product safety constitutes a comprehensive and coherent national instrument for the implementation of the GPSR in Poland. For economic operators, this entails a tangible strengthening of enforcement, increased responsibility at every stage of the product supply chain, and the need for a systematic approach to product safety management in both traditional and digital markets.

Support with GPSR implementation in companies

In practice, the implementation of obligations arising from the GPSR Regulation and the national enforcement framework requires well-structured internal processes, product documentation and safety-related communication. PICTOPLAN can support companies in identifying GPSR obligations, assessing product-related risks, developing internal procedures and aligning documentation and safety communications with EU and national requirements. Such support enables a structured approach to product safety and helps reduce regulatory risks related to market surveillance.

National legislation implementing the GPSR enters into force – new enforcement realities for product safety in Poland

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