New EU Product Liability Directive from 9 December 2026: what non-EU sellers need to know
The EU's new product liability rules change who can be held responsible when a defective product causes damage. Here is what they mean for brands that sell into the EU from outside it.
By Margus Roosipuu, Founder · Published 14 October 2026
New EU rules Applies to products placed on the EU market after 9 December 2026
What the directive is
Directive (EU) 2024/2853 replaces the EU's product liability rules from 1985. It sets strict, no-fault liability for defective products: an injured person doesn't have to prove that anyone was careless. They have to show that the product was defective, that they suffered damage, and that the defect caused it.
EU countries had to bring the directive into national law by 9 December 2026. It applies to products placed on the market or put into service after that date. Products placed on the market earlier stay under the old rules.
Who is liable when the manufacturer is outside the EU
The rules make sure an injured person can claim against a business in the EU. When the manufacturer is established outside the EU, the following can be held liable alongside the manufacturer:
- The importer of the product.
- The manufacturer's authorised representative. This applies whether or not there is also an importer.
- The fulfilment service provider (warehousing, packing, dispatch), but only where there is neither an importer nor an authorised representative in the EU.
If none of these can be identified, a distributor can be liable when it fails to name a responsible EU business, or its own supplier, within one month of being asked. The same applies to an online marketplace that presents a product in a way that makes an average consumer believe the marketplace itself, or a trader acting under its control, is selling it.
What this means for you: if you sell directly from the UK, the US or Asia and your EU Responsible Person is an authorised representative, that representative can now face claims for damage caused by your products. Representatives will look much harder at what they take on.
What else changes
- Software is a product. That includes software built into a product and its updates. Not providing a needed security update can make a product defective.
- More types of damage. Personal injury now expressly includes medically recognised damage to psychological health, and the destruction or corruption of data that isn't used for professional purposes can also be claimed.
- No minimum amount. The old €500 threshold for property damage is gone, so small claims are possible.
- Disclosure and presumptions. Courts can order a defendant to disclose relevant evidence. A product is presumed defective if that evidence isn't disclosed, if it breaches mandatory safety requirements, or if it obviously malfunctions in normal use.
- Labelling counts. Labels, instructions and packaging are among the circumstances a court considers when deciding whether a product is defective.
- Time limits. A claim must be brought within three years of the injured person becoming aware of the damage, the defect and who is liable, and generally within ten years of the product being placed on the market. For personal injury that only appears later, the limit is 25 years.
What to do before 9 December
- Check who your EU operator is. Do you have an EU importer, an authorised representative, or neither? If neither, you can't legally sell covered consumer products in the EU under the GPSR in the first place.
- Expect your EU representative to ask more. Technical documentation, risk assessment, test reports, labels and traceability. Some low-cost providers may raise prices, limit product categories or stop taking new clients.
- Get your documents in order. With the new disclosure rules, a complete and current technical file protects you as well as your representative.
- Check your insurance. Ask your insurer whether your product liability policy covers claims brought in the EU, and for how long.
- Keep records of what you place on the market, where and when. The date a product is placed on the market decides which rules apply.
How Legatia helps
We help businesses outside the EU keep selling to EU customers. We check which rules apply to your products, review your documents and labels, prepare the details your listings need, and help you put the right EU setup in place. If you're not sure whether your setup is ready for the new rules, send us a short note and we'll tell you what you need.
Official sources
- Directive (EU) 2024/2853 on liability for defective products, including Articles 2, 6, 7, 8, 9, 10, 16, 17 and 22.
- European Parliament: New Product Liability Directive.
- Regulation (EU) 2023/988 on general product safety (GPSR).