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The new EU Product Liability Directive 2024/2853: who is liable for defective products placed after 9 December 2026

Short answer

The new Product Liability Directive applies to products placed on the market after 2026-12-09. Where the manufacturer is outside the EU, the importer, the manufacturer's authorised representative and, if there is neither, the fulfilment service provider are liable for damage from a defective product. Richtlinie (EU) 2024/2853 Art. 2 Abs. 1; Richtlinie (EU) 2024/2853 Art. 8 Abs. 1 Buchst. c

The key facts at a glance

Applies to
Products placed on the market or put into service after 2026-12-09. Richtlinie (EU) 2024/2853 Art. 2 Abs. 1
Transposition
Member States bring it into force by 2026-12-09. Richtlinie (EU) 2024/2853 Art. 22 Abs. 1
Manufacturer outside the EU
The importer; the manufacturer's authorised representative; the fulfilment service provider where there is neither. Richtlinie (EU) 2024/2853 Art. 8 Abs. 1 Buchst. c
No EU operator identified
A distributor that does not name the supplier within one month of a request becomes liable. Richtlinie (EU) 2024/2853 Art. 8 Abs. 3
The directive's dates2026-12-09Transposition deadline; productsplaced after this date fall underthe new directive
Figure 1. The directive's dates

Which products does it cover?

The directive applies to products placed on the market or put into service after 2026-12-09. Richtlinie (EU) 2024/2853 Art. 2 Abs. 1

Member States must bring the necessary laws into force by 2026-12-09. Richtlinie (EU) 2024/2853 Art. 22 Abs. 1

Stock placed before that date is not covered by the new directive; for new shipments into Germany after it, look at the placing date batch by batch.

Manufacturer outside the EU: who is liable

Besides the manufacturer itself, the importer and the manufacturer's authorised representative are liable for the damage; the fulfilment service provider is liable only where there is neither an importer nor an authorised representative in the EU. Richtlinie (EU) 2024/2853 Art. 8 Abs. 1 Buchst. c

Where no EU operator can be identified, a distributor that fails to name its supplier within one month of the injured person's request becomes liable. Richtlinie (EU) 2024/2853 Art. 8 Abs. 3

What it means for Chinese sellers

An EU responsible person (GPSR) or authorised representative may carry direct liability under the new directive, so providers will be more careful about contract terms, insurance and indemnities. Ask about this when choosing one.

That is a practical inference from the provision. How a contract should read is for a German lawyer.

What this guide did not verify

Not verified here: the text and caps of the German implementing law, and the indemnity terms in providers' contracts.

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What sellers also ask

Do I care about stock already sold?

The new directive only applies to products placed after 2026-12-09. Richtlinie (EU) 2024/2853 Art. 2 Abs. 1

What does the German implementing law say?

This guide did not check the German implementing law; watch the Federal Ministry of Justice's publications.

Where does each statement come from?

Every source below is a legal text or an authority page; click through to compare.

  1. Richtlinie (EU) 2024/2853 Art. 2 Abs. 1 · read 2026-10-27
  2. Richtlinie (EU) 2024/2853 Art. 22 Abs. 1 · read 2026-10-27
  3. Richtlinie (EU) 2024/2853 Art. 8 Abs. 1 Buchst. c · read 2026-10-27
  4. Richtlinie (EU) 2024/2853 Art. 8 Abs. 3 · read 2026-10-27

This guide summarises public legal texts and authority pages as general information. It is not legal advice. For your case, ask a licensed German lawyer.

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