GPSR second-hand refurbished products rules apply where a consumer product is made available on the EU market and falls within Regulation (EU) 2023/988. A used product is not automatically exempt: you must assess its safety, traceability and consumer information in light of its condition, any changes made and the sales channel.
Key takeaways
- A second-hand product sold by a business to a consumer must generally be safe under Regulation (EU) 2023/988.
- Refurbishment that substantially changes a product can give the operator placing it back on the market responsibilities similar to those of a manufacturer.
- Repaired and refurbished products remain subject to applicable sector-specific rules, including CE marking rules where they apply to that product category.
- An online listing must show the safety and traceability information required for distance sales.
- Before reselling an item, document its origin, condition, work carried out and any remaining risks.
Who is covered by GPSR second-hand refurbished products rules?
The GPSR applies to businesses making second-hand or refurbished products available to consumers in the EU, unless harmonised sector-specific legislation fully covers the relevant risks. Regulation (EU) 2023/988 covers products placed on, or made available on, the market, including online sales, and has applied since 13 December 2024 (Regulation (EU) 2023/988 — General Product Safety Regulation).
“Second-hand” usually describes an item that has already been used and is resold without major alteration. “Refurbished” more often means an item has been inspected, repaired, cleaned, restored or had components replaced before resale. Those commercial labels do not, by themselves, decide your legal duties. You need to assess the actual product and the work performed.
This can include:
- a manufacturer reselling customer returns after inspection;
- an importer buying refurbished equipment in lots from outside the EU;
- a marketplace seller reselling restored devices to EU consumers;
- a workshop modifying or upgrading a product before selling it under its own name or brand;
- a distributor selling used goods as part of its business activity.
By contrast, an occasional private sale between individuals is not organised commercial activity in the same way. That does not make the sale of an obviously dangerous product acceptable. If your model combines trade-ins, repairs, imports and resale across several countries, an EU Market Entry Compliance Assessment can map the checks needed for your products and trade flows.
Example: a batch of refurbished smartphones
Imagine a French company buys used smartphones, replaces selected batteries, erases data, tests the devices and sells them through its own website. It cannot simply label them “used” or “refurbished”. It should check battery-related safety, retain available traceability information, avoid misleading statements and provide relevant warnings.
Where devices come from a manufacturer established outside the EU and responsible-operator details are missing, review the supply chain before publishing the listing. The GPSR Responsible Person service is a separate service. It becomes active only after product review, entity assignment, a signed mandate and active payment.
When does a product placed back on the market have to meet the rules?
A product resold by a business must be assessed against the rules that apply when it is made available, its current condition and any modifications made. A previous sale does not remove safety requirements when you offer the product again to a consumer.
The GPSR specifically addresses second-hand products that need repair or reconditioning before use, provided they are clearly presented as such when made available. That clarification is not a general exemption: it tells the buyer about the product’s condition and does not permit you to market an unsafe item (Regulation (EU) 2023/988).
In practice, ask three questions:
- Is the product safe in its current state and for reasonably foreseeable use?
- Has your intervention changed its performance, function, risks or compliance position?
- Do applicable sector-specific rules require CE marking, an EU declaration of conformity, testing or particular documentation?
A like-for-like repair using a suitable part, without changing the product’s function, does not have the same consequences as a technical transformation. Replacing a broken phone screen does not necessarily create a new device. However, modifying a charger, fitting a non-equivalent power supply or adding a radio function can change the regulatory assessment.
For CE-marked products, sector-specific obligations remain decisive. A refurbished electrical appliance may fall under the Low Voltage Directive, the EMC Directive or the Radio Equipment Directive, depending on its characteristics (Your Europe: CE marking). The GPSR complements that framework for risks not covered by the specific legislation; it does not replace it.
EU Seller Kit — If you sell through Amazon, eBay, Etsy or Shopify, the Marketplace Product Compliance Scanner helps identify safety, traceability and compliance information to check before publishing a listing.
What safety and traceability duties apply to refurbished goods?
You must make only safe products available and cooperate with authorities if they request information or corrective action. Safety is assessed using the product’s characteristics, presentation, warnings, user groups and foreseeable risks under Regulation (EU) 2023/988.
For refurbished goods, the main difficulty is often evidence. You may not hold the original technical file, precise references for replacement parts or recall history. Yet the more extensive your intervention, the more you should be able to explain what you checked and why the product can be put back on the market.
Information to keep internally
Keep records proportionate to the product’s risk and category, including:
- product identification: brand, model, reference, serial number or batch where available;
- the product’s origin and the identity of the supplier or previous seller;
- the condition on receipt, identified defects and test results;
- work completed, parts replaced and evidence of their compatibility;
- instructions, warnings and safety information supplied to the buyer;
- records of incidents, complaints, returns and any corrective action.
This traceability lets you deal with a recurring defect. For example, if several batteries from the same batch swell after resale, you should be able to identify the affected references, suspend sales where necessary and inform the relevant parties. Market-surveillance authorities have investigation and corrective-measure powers under Regulation (EU) 2019/1020 on market surveillance and compliance of products.
What must accompany the product
Consumer information must be understandable in the languages required by the country where you sell. Depending on the product and risk, this may include instructions for use, precautions, age restrictions, charging or maintenance conditions, and the contact details of the relevant economic operator.
A common mistake is to reuse the original packaging when the item has been altered or the supplied accessories have changed. If the actual contents differ, your information must reflect the configuration being sold. For a practical structure for physical and documentary information, see the guide to mandatory GPSR labelling information.
How do you put a refurbished product back on the market step by step?
The practical sequence is to classify the product, check risks and sector-specific rules, document your intervention, then review the information given to the buyer. Do not publish the listing until material inconsistencies are resolved.
1. Identify the product and its regulatory status
Record the exact reference, brand, serial number, hardware version and accessories. Then establish whether it is a general consumer product or falls under harmonised legislation, such as rules for toys, electrical equipment, radio equipment, medical devices, cosmetics or another regulated category.
A second-hand toy, for example, remains subject to applicable toy safety requirements. Its used condition does not remove choking, small-parts or substance risks. Directive 2009/48/EC on the safety of toys is therefore a key text to assess for that category.
2. Assess condition and risks after the work
Create a product-appropriate inspection record: visual inspection, operation, safety elements, electrical charging, stability, missing parts, wear and component compatibility. A risk assessment is not reserved for large manufacturers. It helps you decide whether to sell, repair further, reserve the item for parts or remove it from stock.
Use a practical GPSR risk assessment method for consumer products to link each risk to a measure: testing, repair, warning, use restriction or stock withdrawal. The purpose is not to produce an abstract document. It is to support a defensible resale decision.
3. Check responsibilities in the supply chain
Identify the manufacturer, any importer, the distributor and, where required, the economic operator established in the EU. If you place your name or brand on the product, or substantially modify it, your role may change. Do not assume that an old mark or label covers a newly configured product.
The duties of economic operators to cooperate, provide information and take corrective action are explained in the GPSR Article 16 guide. For a non-EU manufacturer of a CE-marked product, a CE Authorised Representative may be considered where the applicable sector-specific legislation permits it and a written mandate is in place. That role does not replace the manufacturer’s conformity assessment, testing, technical documentation or EU declaration of conformity.
4. Prepare the listing and documents supplied
Your product page should describe the item honestly: used, refurbished, cosmetic defects, included or missing accessories, and any use restrictions. Add the safety and traceability information relevant to distance sales. The requirements for online offers are set out in the GPSR Article 19 guide.
Example: for a refurbished coffee machine, state the reference, condition, accessories actually supplied, descaling and safety instructions, and the required contact details. Do not claim “as new” where safety elements, performance or warranty terms differ from the new product.
Checklist before resale
- I have identified the model, version and, where available, the serial or batch number.
- I have checked whether sector-specific legislation and CE marking apply.
- I have recorded observed defects, tests completed and replacement parts fitted.
- I have checked that added components are suitable for their intended use.
- I have prepared necessary warnings and instructions in the relevant languages.
- I have reviewed safety and traceability information in the sales listing.
- I have a process for handling a complaint, incident or authority request.
What documents and evidence should you obtain or create?
The documents you need depend on the product category, age, origin and extent of refurbishment. You should collect enough material to show that the decision to resell was reasonable and to answer a market-surveillance request.
For a non-harmonised product, the file may be relatively straightforward: identification, provenance, safety inspection, photographs before and after work, parts list, instructions and evidence that the online listing was updated. For a CE-marked product, also seek the manufacturer’s documents: the EU declaration of conformity, instructions, test reports or technical information needed to assess the product.
A CE technical file is not the same as a supplier invoice. It brings together the compliance evidence required by the applicable sector-specific legislation. If you cannot obtain essential documents for electrical equipment, do not try to fill the gap with a marketing claim such as “tested”. Assess instead whether the item can be sold, should be limited to spare parts, or should be excluded from consumer sale.
Products imported from outside the EU
If you ship from Shenzhen to an Amazon FBA warehouse in Germany, you will often be dealing with product safety, an economic operator, customs, VAT and environmental obligations at the same time. Importing does not make a refurbished product exempt from EU rules.
The operator completing customs formalities may need an EORI number. The European Commission describes EORI as the identifier used in customs procedures (European Commission: Economic Operators Registration and Identification number). If you are planning a first import, the EU stock import guide for ecommerce sellers helps separate customs, tax and product-compliance workstreams.
What mistakes most often block refurbished-product sales?
Blocks rarely result from one missing document alone. More often, the issue is conflicting information: a listing says “certified refurbished”, the label has a different reference, the charger is not the intended one and no inspection record exists.
Confusing used, refurbished and repaired
Calling an item “second-hand” does not automatically reduce your obligations. Equally, calling it “refurbished” does not prove checks were completed. Describe its condition and the work done precisely, without creating an expectation you cannot support.
Assuming the original CE marking always remains sufficient
CE marking concerns the conformity of the product as assessed within its regulatory framework. If your intervention changes its design, performance or risks, reassess the applicable duties. For radio equipment, for instance, Directive 2014/53/EU on radio equipment must be considered in light of the characteristics of the final product.
Missing distance-sales information
A marketplace may request compliance data before publication or block a listing after a report. That does not mean the platform becomes responsible in your place. Check the listing before publication with the Marketplace Product Compliance Scanner, then retain a dated version of the page and associated documents.
Underestimating batteries and accessories
A refurbished device is often sold with a battery, cable or charger that differs from the original. Each can introduce its own risk. Regulation (EU) 2023/1542 on batteries and waste batteries contains specific requirements that apply according to the battery, your role and the relevant application dates. Check the provisions that apply to your product.
Which special cases need separate treatment?
Some products need a separate assessment because their sector-specific legislation is more detailed than the GPSR. In those cases, do not read the GPSR in isolation: start with the rules for the category, then assess residual risks and distance-selling requirements.
Electrical, electronic and radio equipment
For a computer, Bluetooth headset, games console or household appliance, check the relevant CE rules, instructions, electrical compatibility and waste electrical and electronic equipment obligations. Directive 2012/19/EU on waste electrical and electronic equipment can also create registration or financing duties, depending on the country and your producer role.
Toys, textiles and cosmetics
Assess a refurbished toy particularly carefully: small parts, secure attachment of components, warnings and age suitability all matter. For textiles, fibre-composition labelling remains governed by Regulation (EU) No 1007/2011 on textile fibre names and labelling, including when you resell a restored item.
Cosmetics should not be treated as ordinary second-hand goods. Their regime includes specific requirements, including a responsible person and product information file, under Regulation (EC) No 1223/2009 on cosmetic products. Reselling or refurbishing opened, altered or poorly traceable cosmetics requires particular caution.
Products requiring repair or intended for parts
You may receive items that are not safe in their current state but can be repaired. Their presentation must be explicit and consistent with their actual condition. Do not offer them as ready for use where repair is necessary for safe operation. Where the risk is too high or traceability is inadequate, selling for spare parts or excluding the item from consumer sale may be the prudent decision.
Tools and services to take action
- EU Market Entry Compliance Assessment — use this before a first sale or import to build a checking plan covering GPSR, CE, customs, VAT, packaging and product-data readiness.
- GPSR Responsible Person (EU) — consider this where a non-EU seller or manufacturer needs an EU-established responsible economic operator for consumer products; activation requires review, entity assignment, a signed mandate and active payment.
- Marketplace Product Compliance Scanner — review a listing before publication to identify safety, traceability and compliance information that needs checking.
- Pricing and plans — review SaaS plans and add-on services relevant to your situation, without assuming that a subscription automatically appoints a representative.
Frequently asked questions
Is a second-hand product exempt from the GPSR?
No, not as a general rule. When a business makes a second-hand product available to a consumer, it should ensure that the product is safe under reasonably foreseeable conditions of use. You must also assess the sector-specific rules that apply to the product category.
Can I sell a product marked “for repair” to a consumer?
This may be possible where the presentation clearly states that repair or reconditioning is needed before use and the applicable rules are met. That statement does not allow you to sell a product presenting an unacceptable risk. Assess the specific hazard and product requirements before publishing the offer.
Does a refurbisher automatically become the manufacturer?
Not automatically. However, an operator that markets a product under its own name or brand, or substantially modifies it in a way that affects compliance or risks, may take on broader responsibilities. The assessment depends on the intervention and the sector-specific legislation concerned.
Should I retain the EU declaration of conformity for a refurbished device?
For a CE-marked product, it is sensible to obtain and retain relevant manufacturer compliance documents, including the EU declaration of conformity where required. If you have modified the product, check whether that documentation still covers the version being sold. An older declaration does not automatically validate a transformed configuration.
What information must appear in a refurbished-product listing?
The listing should accurately describe the product, its condition and supplied accessories, while presenting the safety and traceability information applicable to distance sales. Where the GPSR requires it, the consumer should be able to access the relevant economic operator’s contact details and necessary warnings before purchase.
Does a SaaS subscription appoint a GPSR Responsible Person?
No. A SaaS subscription does not automatically appoint an EU GPSR Responsible Person. That service becomes active only after acceptance, assignment of the relevant entity, a signed mandate and active payment.
Official sources
- Regulation (EU) 2023/988 — General Product Safety Regulation — the GPSR framework for consumer-product safety and distance sales.
- Regulation (EU) 2019/1020 — market surveillance and compliance of products — market-surveillance powers and cooperation concerning product compliance.
- Your Europe — CE marking — general CE-marking principles and associated responsibilities.
- Directive 2009/48/EC — safety of toys — requirements for toys, including when they are resold.
- Directive 2014/53/EU — radio equipment — requirements for radio equipment, including certain connected devices.
- Regulation (EU) 2023/1542 — batteries and waste batteries — EU rules on batteries and waste batteries.
- Directive 2012/19/EU — waste electrical and electronic equipment — obligations concerning waste electrical and electronic equipment.
- Regulation (EC) No 1223/2009 — cosmetic products — specific safety and responsibility requirements for cosmetics.
This content provides general information and is not legal advice.