Market Surveillance Act in Germany
Draft on the reorganization of market surveillance is available
The German government has presented a draft law for the uniform market surveillance of European harmonized and non-harmonized non-food products. The Market Surveillance Act should not be confused with the European Market Surveillance Regulation (EU) 2019/1020, which has already been adopted EU-wide and will come into force on July 16, 2021.
We will provide you with detailed information on the new Market Surveillance Regulation and its consequences for trade in our free webinar "Introduction to the new Market Surveillance Regulation", which you can register for here. The webinar takes place once a month and lasts approximately one hour. To register for the webinar in German, please click here.
Important notes on this law / Market Surveillance Act compact:
- The law is expected to take effect in the short term (mid-July 2021).
- The Market Surveillance Act is now intended to significantly strengthen consumer protection for these products in online retail.
- The Market Surveillance Act will have a major impact on consumer products sold via online marketplaces.
- The supervisory authorities now have extensive options for restricting the sale of unsafe consumer products via marketplaces, thus obliging the marketplaces to offer only safe consumer products.
These products are affected by the Market Surveillance Act
Since the Market Surveillance Ordinance only applies to products for which a declaration of conformity must be filed, the federal government has identified a gap for products that are currently only subject to the Product Safety Act.
These include consumer products such as
- Decorative articles
To find out which other products or product groups may be affected, please contact our team.
Legally compliant implementation of the Market Surveillance Act
As the law is already due to come into force in mid-July 2021, we recommend that affected manufacturers, importers and distributors prepare themselves in line with the market now and have the products subject to the Market Surveillance Act checked by us so as not to risk any costly interruption of business.
We help them with our customer-oriented services to prepare in time for the new market surveillance law.
-> Only those who act in compliance with the law are safely protected from official sanctions. We help you to implement the necessary measures.