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Does supervision of GPSR differ per EU country?

GPSR applies in all 27 Member States with the same text, but who enforces it, how strictly that is done, and which sanctions follow, varies by country. This article explains what remains the same and what you may encounter per country.

Short answer

The text of GPSR is identical in all 27 EU Member States: it is a regulation, not a directive, and applies directly without each country having to first transpose it into its own legislation. What does vary by country is who supervises it, how actively that authority conducts inspections, and what sanctions apply to breaches. For an online shop selling in multiple Member States, this means: the same obligations, but not necessarily the same experience when a supervisory authority gets in touch.

This distinction is important for two reasons. You do not need to look up a separate set of rules for each country, because the core of the regulation is the same everywhere. But you cannot assume that inspection, fines, or the way cases are handled in the Netherlands is representative of what happens in Germany, France, or Poland.

The rules themselves are the same everywhere

Because GPSR is a regulation, its content is fixed at European level: what information must appear on a product page, when you are considered a manufacturer, what belongs in a technical file. A Member State cannot make that content stricter or more lenient. That is precisely why a role and obligation check based on the regulation itself produces the same outcome in every country. Anyone curious about their own position in the supply chain can find that out yourself in a few questions.

But the supervisory authority varies by country

Each Member State appoints one or more market surveillance authorities that enforce GPSR. In the Netherlands that is a different authority than in Belgium, Germany, or Spain, and the powers, procedures, and priorities of these authorities differ. Some supervisory authorities work on a risk-based approach and mainly inspect product categories that frequently appear in Safety Gate reports, others focus on specific sectors or respond mainly to consumer complaints.

This has practical consequences. An inspection that in one country proceeds via a written request for documentation may in another country begin with a physical sample check at a distribution centre or at the border. The regulation itself does not prescribe how a supervisory authority must inspect, only what it is allowed to inspect.

Sanctions are national law

GPSR requires Member States to lay down effective, proportionate sanctions, but leaves the amount and form of these to national law. As a result, fine amounts, the possibility of administrative enforcement, or criminal liability can vary by country. Anyone wanting certainty on this should look to the applicable rules in the national implementing law of the country in question, not to the regulation itself.

Language and labelling: small difference, big impact

Even if the substantive obligation is the same everywhere, the practical implementation may vary by country. Warnings and instructions for use must be understandable to the consumer in the country of sale, and in practice this is often interpreted as the official language or languages of that country. If you sell through multiple local online shops or marketplace outlets, you will naturally run into this language variation, even though the underlying obligation does not change.

What this means for your file

For the product file itself you do not need to build a separate document per country: the risk analysis, the technical documentation, and the complaint register are components that apply to the product as a whole, not per sales market. What is sensible is: keep track of which countries you are actively selling in, so you know which supervisory authority may become involved and which language versions of warnings and labels you need. An overview of what applies per subject in this regard can be found in the knowledge base with explanations per situation.

What stays the same, no matter where you sell

Whether a supervisor is now in Rotterdam, Lyon or Warsaw, the question that is asked is always the same: can you demonstrate that you comply with the obligations from the regulation, with documentation that supports it. That question is not country-specific, and preparation for it is therefore not either. If you still have doubts about individual concepts from the regulation, the answers to frequently asked questions often already provide a first direction.

Do you want to know where your company stands before you delve into differences between countries? Do the free roles and obligations check, or first read calmly through the other topics in the knowledge base.

This article is general information and not legal advice.