Artifact GuideEU

EU GPSR Marketplace Notice Handling

Online marketplaces need separate GPSR procedures for dangerous-product orders, product-safety notices, Safety Gate matches, trader communications, and authority escalation.

This page separates binding authority orders from product-safety notices, connects Safety Gate and Safety Business Gateway steps, and lists the records needed for each action.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 25, 2026
Sections
5

Structured answer sets in this page tree.

Primary sources
5

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated Jul 25, 2026
Overview

Regulation (EU) 2023/988 gives providers of online marketplaces separate duties for authority orders, product-safety notices, Safety Gate information, recalls, accidents, and dangerous products offered through their interfaces. Start by classifying the intake. For an Article 22(4) authority order, act without undue delay and no later than two working days after receipt. Process a product-safety notice received through the Digital Services Act mechanism without undue delay and no later than three working days after receipt. Actual knowledge of a dangerous product offered through the marketplace triggers immediate notification through the Safety Business Gateway.

Section 1

Separate authority orders from product-safety notices

Treat an order from a Member State as the highest-priority intake. Under GPSR Article 22, authorities can order a provider of an online marketplace to remove content for an offer of a dangerous product, disable access to it, or display an explicit warning. The marketplace must have a Safety Gate Portal registration and a single contact point so those orders can reach the right team electronically.

Handle other product-safety notices through the marketplace notice queue, but do not treat them as authority orders. Article 22(8) requires the marketplace to process notices received under the Digital Services Act notice mechanism when they concern product-safety issues for products offered online. Processing within three working days does not mean that every notice must produce a takedown; the file should show whether the notice identified the offer and safety issue well enough to support action, further checks, or a request for information.

Keep the knowledge threshold separate from the notice clock. A notice may contribute to actual knowledge, but receipt alone does not establish that every allegation is correct. Once the marketplace has actual knowledge that a dangerous product was offered through its interface, Article 22(12)(d) requires immediate notification through the Safety Business Gateway to the authorities of the Member States where the product was made available.

Does every product-safety notice require the marketplace to remove the listing?

No automatic removal rule follows from Article 22(8). The marketplace must process a product-safety notice received through the Digital Services Act notice mechanism without undue delay and within three working days. The resulting action depends on the notice, the identified offer, supporting facts, other available evidence, and any authority order. If the available information gives the marketplace actual knowledge that a dangerous product was offered, the separate immediate Safety Business Gateway duty applies.

  • Authority order: identify the issuing authority, product offer, requested action, order scope, prescribed period, contact details, and exact time of receipt.
  • Product-safety notice: identify the reporter, product listing, safety allegation, supporting evidence, seller, consumer exposure, and whether the available facts establish actual knowledge of a dangerous-product offer.
  • As an internal control, escalate cases involving a serious risk, multiple Member States, a recall or safety warning, incomplete product identifiers, frequent non-compliant offers by the same trader, or uncertainty about identical content.
Section 2

Act on orders and document the response

For a valid authority order, the response record should show the product content covered by the order, whether access was removed, disabled, or warning-labelled, and when the issuing authority was informed of the effect given to the order. GPSR Article 22 requires action without undue delay and, in any event, within two working days from receipt of the order.

Some orders may also require the marketplace, for a prescribed period, to remove identical content for the same dangerous product, disable access to it, or display an explicit warning. That extension is conditional: the search must be limited to information identified in the order, must not require an independent assessment of the content, and must be capable of being carried out proportionately by reliable automated tools.

The GPSR does not convert the two- or three-working-day limits into a fixed number of hours or define a universal marketplace receipt calendar. Record the receipt timestamp, time zone, working-day calendar and any national procedural instruction used, but treat "without undue delay" as the controlling requirement even when the outer working-day limit has not expired.

  • Capture the original order, receipt timestamp, issuing authority contact details from Safety Gate Portal, affected URLs or listing IDs, product identifiers, trader identifiers, and the requested measure.
  • Record the deadline calculation separately from the substantive decision, including the receipt channel, time zone, working days counted, owner, escalation time, and any authority clarification; do not delay a clear safety action merely because time remains on the outer limit.
  • Record the action taken for each listing, the time of removal, disabling, or warning display, and the electronic message sent back to the issuing authority.
  • If identical-content action is required, retain the search terms or product identifiers from the order, the automated-tool results, false-positive handling, and the period for which the measure applies.
Section 3

Use Safety Gate data for detection and marketplace checks

Safety Gate is the EU system for circulating information on measures against dangerous non-food products. National authorities send alerts describing the product, the risk, and measures taken by an economic operator or ordered by an authority; follow-up measures are also shared through Safety Gate.

GPSR Article 22 requires marketplaces to take account of regular dangerous-product information received through the Safety Gate Portal when applying voluntary measures to detect, identify, remove, or disable access to dangerous-product offers. Implementing Regulation (EU) 2024/1459 governs the interoperable interface: a marketplace registered in the Safety Gate Portal can link its interface to the portal and configure the frequency and content of downloads of publicly available Safety Gate information.

Does a Safety Gate alert prove that a marketplace listing is the same dangerous product?

Not by itself. Match the alert to the offer using available identifiers such as brand, model, barcode, batch or serial number, photographs, trader details, and the alert's market information. Record why the listing was included or excluded. Article 22 requires Safety Gate information to be used in the marketplace's voluntary detection measures, but product identity still depends on the available facts.

  • Match Safety Gate alerts to marketplace listings using URLs where available, product identifiers, model names, batch or serial details, images, brands, trader information, and other traceability fields.
  • Before relying on a match, preserve the Safety Gate alert reference, match fields, confidence level, listings checked, action taken, and the reason any candidate listing was excluded.
  • When action is taken based on a Safety Gate notification, inform the authority that made the Safety Gate Rapid Alert System notification using the authority contact details published in the Safety Gate Portal.
Section 4

Notify, communicate, and escalate when dangerous products are known

When a marketplace has actual knowledge that dangerous products were offered through its online interface, GPSR Article 22 requires immediate notification through the Safety Business Gateway to the market surveillance authorities of the Member States where the product was made available. The notice should include available details of the consumer health and safety risk, quantities by Member State if available, and corrective measures already taken.

The Safety Business Gateway user manual, version 5.0.0 dated 2 February 2026, explains the operational fields: product details, risk description, risk level if assessed, supporting reports, corrective actions already taken or planned, companies in the supply chain holding affected products, and later the Case ID and submission number. A submitted notification cannot be edited, although it remains viewable, so check the evidence before submission.

  • Inform the relevant trader and economic operator without delay when the marketplace receives information about accidents or safety issues for a product offered by that trader.
  • Notify through the Safety Business Gateway without undue delay when the marketplace has been informed of an accident caused by a product made available on its interface and that accident resulted in a serious risk or actual damage to a consumer's health or safety; also inform the manufacturer.
  • As an internal control, involve legal, product safety, trust and safety, and seller enforcement teams when corrective actions involve withdrawal, recall, consumer warning, trader suspension, cross-border quantities, an unknown risk level, or an authority assessment that differs from the marketplace assessment.
Section 5

Evidence pack for each marketplace notice case

The case file should let a reviewer reconstruct why the marketplace acted, declined to act, or escalated. Keep the official intake, listing evidence, product identifiers, Safety Gate match material, trader communications, authority responses, Safety Business Gateway submission references, and corrective-action logs together.

The GPSR clocks covered here are two working days for Article 22(4) authority orders and three working days to process Article 22(8) product-safety notices. Other duties use different language: immediate notification for dangerous products known to have been offered, and without-undue-delay duties for internal processes, qualifying accident notifications, direct consumer notifications where applicable, and trader or economic-operator communications. National procedure may add requirements that this page does not determine.

  • Authority-order file: order, receipt timestamp, issuing authority, contact point used, listing IDs, action log, authority response, identical-content search evidence, and prescribed-period monitoring.
  • Product-safety notice file: notice text, reporter evidence, product and trader identifiers, triage decision, Safety Gate checks, seller message, final action, and three-working-day processing evidence.
  • Notification file: Safety Business Gateway draft inputs, product details, risk description, test report or assessment attachment where available, corrective actions, supply-chain companies, submission confirmation, Case ID, and submission number.
Recommended next step

Turn marketplace notice handling into an evidence-backed GPSR procedure

Map authority orders, product-safety notices, Safety Gate checks, seller communications, Safety Business Gateway notifications, and escalation records into one repeatable operating procedure.

Primary sources

References and citations

eur-lex.europa.eu
Referenced sections
  • Grounds the marketplace timing and evidence logic for authority orders, product-safety notices, Safety Gate use, trader information, seller suspension, cooperation, and notifications.
"within three working days"
webgate.ec.europa.eu
Referenced sections
  • Commission gateway source for dangerous-product and accident notifications by economic operators and providers of online marketplaces.
"Safety Business Gateway"
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