if my product has CE marking, do I automatically comply with GPSR

CE marking and GPSR stand side by side, not in place of each other

No, CE marking and GPSR compliance are not the same, and one does not automatically cover the other. CE marking applies to specific product legislation — think of toys, machinery, electrical equipment — and relates to the requirements of those specific directives or regulations. The GPSR (Regulation (EU) 2023/988) is the general product safety regulation that applies to virtually all non-food consumer products, including products for which no CE marking exists. A product with CE marking can therefore still fall under the obligations of the GPSR, simply because that regulation has a broader scope than only the legislation to which the CE mark applies.

What this means in practice depends on the role someone holds in the supply chain — am I a manufacturer, importer or distributor under GPSR is the first question in that regard. For a manufacturer, the GPSR brings with it an obligation to establish a risk analysis and technical documentation per product, separate from what CE marking already requires. Anyone who sells products under their own name or brand is themselves considered a manufacturer under the GPSR — even if it concerns a purchased product on which only their own logo is placed, and also when the product has been substantially modified. This is precisely where many entrepreneurs are unaware: they think they are a distributor because they do not manufacture themselves, while the role allocation under the GPSR works out differently. A distributor, incidentally, has no obligation to establish a risk analysis or technical file themselves — that obligation rests with the manufacturer, importer or authorised representative in the supply chain.

Where this difference appears in the regulation

The scope of the GPSR is described in Articles 1 and 2 of Regulation (EU) 2023/988, which shows that the regulation stands alongside existing specific product legislation such as CE legislation, and is not replaced by it. The obligation for a risk analysis and technical documentation follows from Article 9 of that regulation. What that risk analysis should look like is described in how do I conduct a risk analysis for my product under GPSR. The NVWA also points out on its product safety page the coexistence of sector-specific rules and the general GPSR obligations.