Does GPSR Apply to B2B Sales? EU Rules (2026)

GPSR does not exempt a product merely because the sale is labelled B2B. The decisive test is the product: GPSR covers an item intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers. A genuinely professional-only product that is not reasonably likely to be used by consumers falls outside GPSR, but another EU or national product rule may still apply.

Does GPSR apply to B2B sales?

Sometimes. The GPSR defines a product by its intended and reasonably foreseeable consumer use, not by the wording on the invoice. The European Commission's GPSR Q&A confirms that a product made only for professional use, and not reasonably likely to be used by consumers, does not fall under GPSR.

The opposite is equally important: a consumer product can move through several B2B transactions before reaching a shop or household. Those wholesale steps do not remove the product from GPSR. A drill, lamp or textile sold to a retailer remains a consumer product when ordinary consumers are intended or reasonably likely users.

A “for professional use only” sentence is evidence, not a legal switch. It is weak if the price, design, instructions, public marketplace listing or delivery options make consumer use foreseeable.

How do you document a professional-only GPSR exclusion?

Use a written scope assessment for the exact product version and sales route. Do not rely on the customer's VAT number alone.

1. Describe the product, intended users and required training.
2. Identify every EU and national product rule that could apply.
3. Analyse whether consumers could reasonably obtain and use the product.
4. Record channel controls such as verified-business access, contractual restrictions and specialist installation.
5. Check contrary evidence: household-compatible design, consumer language, public advertising, ordinary delivery and resale.
6. Reassess when the product, packaging, website, distributor or target market changes.

The GPSR risk-assessment guide explains foreseeable-use evidence. A scope conclusion should sit beside, not replace, the applicable product-law and technical review.

Do GPSR duties pass from manufacturer to distributor?

No. Statutory responsibility does not move down the chain and disappear from the earlier operator. Each business keeps the duties of the role it actually performs. A contract can assign who sends files or pays recall costs, but it cannot cancel obligations imposed by law.

Distributors should receive enough reliable data to perform their checks and cooperate with authorities. The manufacturer's complete technical documentation is not automatically handed to every distributor, but the chain needs a controlled route for obtaining required evidence. See the GPSR technical-documentation guide and labelling guide.

What must a distributor check before selling?

Before selling a covered product, the distributor checks that the manufacturer and, where relevant, the importer have done their part. That means the product can be identified, the manufacturer's details are on it, the importer's details are there where needed, and the instructions and safety information are in a language that buyers in the target market easily understand.

While the product is under the distributor's responsibility, storage and transport must not jeopardise conformity. If the distributor has reason to believe the product is dangerous or fails these requirements, it must stop supplying it until the problem is fixed and must help with the required notifications and corrective measures.

Do not confuse these checks with the general duty of every business in the chain to keep internal product-safety processes. That duty applies to all operators; it does not define what a distributor must check.

Do the GPSR online-offer rules apply to a B2B portal?

First check whether the product falls within GPSR. If it is genuinely professional-only and not reasonably likely to be used by consumers, the GPSR online-offer rules do not decide your listing. Product-specific law may still set online information duties.

For a covered consumer product, look at the actual distance-sales route. Under the GPSR, an online offer that targets EU consumers counts as making the product available on the EU market. Delivery countries, languages, payment methods, Member State currencies and an EU domain can evidence that targeting. A login wall or “B2B only” badge is not enough if consumers remain reasonably foreseeable users or the goods are intended for consumer resale.

If you sell a covered product through an online or other distance offer, the offer must show the manufacturer's details, the EU responsible person's details when the manufacturer is outside the EU, product identification and any warning or safety information. The online-offer guide provides the four-field check.

Does a non-EU B2B manufacturer need an EU Responsible Person?

Only once you have confirmed that the product is covered by GPSR. The GPSR then requires a business established in the EU to be responsible for the product. That can already be the EU manufacturer or the EU importer. Other routes are a properly mandated authorised representative or, in defined circumstances, a fulfilment service provider.

The Grüner Baum EU GPSR Responsible Person service explains our acceptance checks. No Grüner Baum address may be placed on a product, package or offer without written acceptance for that exact scope.

How can Grüner Baum review a B2B GPSR case?

Grüner Baum GmbH can review the product scope, professional-use evidence, supply-chain roles, label, technical records and online offer. The €129 document review identifies scope and evidence gaps; it does not issue a general GPSR certificate or authority approval.

If the product is covered by GPSR, no existing EU operator fills the required route, and a written authorised-representative mandate is appropriate and accepted, annual GPSR services start at €249. Request a B2B scope review with the product description, user group, sales channel and current EU supply-chain map.

Frequently asked questions about GPSR and B2B sales

Does GPSR apply to B2B sales?

It depends on the product, not the invoice. GPSR covers products intended for consumers or likely, under reasonably foreseeable conditions, to be used by them. A product made only for professional use and not reasonably likely to be used by consumers falls outside GPSR, although other EU or national product law may still apply.

Is a consumer product exempt when it is sold wholesale?

No. A consumer product stays within GPSR even if the manufacturer first supplies an importer, distributor or retailer. Each business keeps the legal duties of the role it actually performs.

What must a GPSR distributor verify?

Before supply, the distributor checks the product identification, the manufacturer and importer contact details, and the required instructions and safety information. It must also protect conformity during storage and transport, stop supplying non-compliant products and support corrective action.

Does a non-EU B2B manufacturer always need a separate EU Responsible Person service?

No. The EU responsible person rule applies only to products covered by GPSR. An existing EU manufacturer or importer may already fill the role; a written authorised representative or, in defined cases, a fulfilment provider are other routes.

Can a B2B contract transfer GPSR responsibility?

No. A contract can allocate documents, tasks and costs, but it cannot erase legal duties. The duties of manufacturer, importer, distributor and EU responsible person stay with the business that actually performs each role.

Official sources

This guide is general information and does not replace a legal review of your specific product.