§3.4.1 Informing consumers about product safety recalls and safety warnings

Depending on your respective obligations under the GPSR (see points 3.1 to 3.3 above), you can be required to ensure the safe use of a product by informing consumers about product safety recalls or safety warnings. Direct communication with consumers is the most effective way for consumers to be informed and react to recalls and safety warnings. When is direct communication to consumers an obligation? Direct communication to consumers is mandatory if consumers are affected by a product safety recall or if certain information has to be brought to the attention of consumers for the safe use of a product (safety warning). This identification of affected consumers can be done in one of two ways: — directly by you, through customers’ personal data that you have collected; or — through a third party (e.g., a specific entity in charge of collecting data on users of motor vehicles). Do I have to inform the consumers directly? Your obligation is to ensure that consumers are notified directly and without undue delay about the product safety recall or the safety warning, but the actor that will inform consumers may vary: — As a general rule, the actor in the supply chain that has access to customers’ personal data (e.g., through purchase data, customer loyalty programmes or registration schemes) should be the one contacting them. Cooperation in the supply chain is therefore essential when product safety recalls or safety warnings are at stake. — Alternatively, consumers may be informed by a third party that has access to their contact details (e.g., the entity in charge of collecting data on users of motor vehicles). Is this obligation compatible with personal data requirements? Yes, the legal obligation requiring economic operators and providers of online marketplaces to use any customer data already at their disposal to inform consumers of recalls and safety warnings is fully compatible with the EU’s personal data legislation. You should reflect this obligation in your privacy statement and other personal data information provided to customers. Do I have to inform consumers only, or do I also have to inform companies that have purchased the product that is the subject of the product safety recall or the safety warning? Even when product safety recalls and safety warnings are primarily targeted at consumers, this should not prevent you from informing all types of customers, especially in the case of micro- and small enterprises acting like consumers. What are the rules regarding registration schemes and customer loyalty programmes? The GPSR sets out new obligations if you have (or plan to have): — a registration scheme, through which consumers, after purchasing a product, voluntarily communicate some information (e.g., their name, contact information, the product model or serial number), to the manufacturer and might as a result get some benefits; or — a customer loyalty programme that makes it possible to identify products bought by consumers (e.g., customers have a loyalty card that is scanned when they purchase products, and the history of their purchases is available to the business that has set up the loyalty programme). This excludes customer loyalty programmes that do not enable the identification of products bought by consumers, (e.g., loyalty cards whereby customers receive some benefits for a certain amount purchased, but no data is registered as regards which products have been bought by the customer). Both systems are efficient ways to identify customers affected by a product safety recall or a safety warning. However, customers might choose not to use them because they are not interested in the other benefits offered by the registration scheme or the customer loyalty programme, and in particular because they might not want to be contacted for marketing purposes. Under the GPSR, if you have a registration scheme or a customer loyalty programme in place, you must allow consumers to choose to register with the registration scheme or to take part in the customer loyalty programme for safety-related purposes only. This means that customers must have the possibility to provide their contact details with the sole purpose of receiving safety information (e.g., product safety recalls or safety warnings). In this case, their data should only be used to contact them in the event of a recall or safety warning and should not be processed for any other purpose (such as marketing). Do I have other obligations to inform consumers? It is sufficient for you to be sure that all the affected consumers have been directly contacted to get information about the product safety recall or safety warning. However, this may only be possible for products with small production batches or for which consumer data are easily available. In all other cases, you have to disseminate a clear and visible recall notice (see point 3.4.1) or safety warning through other appropriate channels, ensuring the widest possible reach. This includes, where available, your company’s website, social media channels, newsletters and retail outlets and, as appropriate, announcements in mass media and other communication channels. Recall notice Information on a product safety recall provided to consumers in a written form must take the form of a recall notice. This recall notice must be easily understood by consumers and available in the language(s) of the Member State(s) where the product has been made available on the market. The GPSR lists the elements the recall notice must contain: — a headline consisting of the words ‘Product safety recall’; — a clear description of the recalled product, including: — the picture, name and brand of the product; — product identification numbers (e.g., batch or serial number), and, if applicable, a graphical indication of where to find them on the product; and — information (if available) on when, where and by whom the product was sold; — a clear description of the hazard associated with the recalled product, avoiding any elements that may decrease consumers’ perception of risk, (e.g., by using terms and expressions such as ‘voluntary’, ‘precautionary’, ‘discretionary’, ‘in rare situations’ or ‘in specific situations’ or indicating that there have been no reported accidents); — a clear description of the action consumers should take, including an instruction to immediately stop using the recalled product; — a clear description of the remedies available to consumers; — a free phone number or interactive online service, where consumers can get more information in a relevant official language(s) of the EU; — encouragement to share the information about the recall with other persons, if appropriate. A template (29) for recall notices has been set out in Commission Implementing Regulation (EU) 2024/1435 and is available on the Safety Gate Portal in a format that enables economic operators to easily create a recall notice. How do I make information accessible to persons with disabilities? Under the GPSR, you have the obligation to make recall information accessible to persons with disabilities. (30) For instance when a recall notice is shared online, it should take into account best practices for web accessibility. If important information about the recalled product or the identification of the products concerned by the recall is contained in a picture, this should also be spelled out in order to be machine-readable. When possible, the image should allow for flexible adjustments in magnification, brightness, and contrast. Additionally, it should ensure interoperability with programmes and assistive devices for navigating the notice.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07