EU Revises Toy, Packaging Rules, Threatening Online Marketplaces' DSA, GPSR Definitions
EU legislators are revising rules for toys and packaging, potentially expanding responsibilities for online marketplaces. This contradicts the clear definition set by the Digital Services Act (DSA) and the General Product Safety Regulation (GPSR).
The EU is currently discussing amendments to the Toy Safety Regulation and the Packaging and Waste Regulation. These changes could make online marketplaces equivalent to other economic operators, imposing stricter monitoring and reporting obligations for non-compliant products.
The DSA and GPSR introduced a clear definition of online marketplaces, focusing on operating software for distance buying. However, EU policymakers are now questioning this definition, creating legal uncertainty. This comes despite the DSA and GPSR recognising and adapting to hybrid business models.
EU legislators should pause revisions to toy safety and packaging rules until the current obligations for online marketplaces are fully implemented and enforced. The clear definition of online marketplaces in the DSA and GPSR should be respected to avoid unnecessary legal uncertainty.
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