This FAQ was created for informational purposes only, and does not, nor is intended to, constitute or be construed as legal advice on any subject matter. Should you require assistance or have any questions concerning these regulations, your independent obligations/duties, or related to the subject matter or information in this FAQ, please reach out to EU legal counsel.
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Since July 16, 2021, the European Union (EU) regulation on product safety (the Market Surveillance Regulation (EU) 2019/1020) has been in effect. This regulation requires CE-marked products to have a person or company present in the European Union acting as the point of contact for product compliance (a “Responsible Person”). These products must be labeled with the contact information of the Responsible Person. This labeling can be attached to the product, its packaging, the parcel, or an accompanying document.
The EU has introduced a new regulation called the General Product Safety Regulation (GPSR), which is applicable in December 2024. This will introduce Responsible Person requirements for most products sold in the EU.
Starting in 2024, the Responsible Person information that we collect will be displayed on the corresponding product detail pages to comply with local regulations.
To ensure compliance with these regulations, Wish requires merchants selling applicable EU market-bound products to provide the details of their appointed Responsible Person(s) to Wish.
To ensure compliance with these regulations, Wish requires merchants selling applicable EU market-bound products to provide the details of their appointed Responsible Person(s) to Wish. If an appointed Responsible Person changes, merchants are also required to notify Wish. (For instructions on both, see how to provide Responsible Person information.)
Please note that EU domiciled merchants are currently NOT required to provide details of their Responsible Person(s) to Wish. See below for more details related to these regulations.
If your products do not have a Responsible Person, we recommend talking to your upstream suppliers to appoint a Responsible Person, as it is illegal to sell CE-marked products in the EU without a Responsible Person. Providing false Responsible Person information is against our Wish Merchant Terms of Service and Agreement and constitutes failure to comply with local laws and regulations. Wish will suspend or terminate your merchant account if false compliance information is provided.
FAQs
1. How can I find an EU market-base Responsible Person to appoint for my products?
If you do not already have an EU market-based Responsible Person for your applicable products, you may use one of our preferred product compliance partners providing EU Authorized Representative services, listed below. An EU Authorized Representative is any natural or legal entity that is established in the EU market who is appointed (in writing, with responsibilities written out) as the Responsible Person by the brand or manufacturer. Wish merchants can receive a discount on services from our preferred partners by signing up through the below provided links:
- Product IP: https://secure.productip.com/registration?code=wish2021
- Clever Representative: https://app.cleverrepresentative.eu/referral/wish
- Oudaiyi: http://www.oudai1.com/oydyx/wish.aspx
You should be aware that if you are not the brand owner, importer, or physical product manufacturer of your applicable EU market-bound products, you may require written authorization from the manufacturer, or the merchants’ own suppliers, before proceeding with appointing an EU Authorized Representative. Please check with any of our preferred partners above before reaching out to your suppliers, as well as for any other questions regarding the status of the preferred partners acting as an Authorized Representative for your product categories.
2. Does the Market Surveillance Regulation apply in the United Kingdom (UK)?
The Market Surveillance Regulation does not apply in Great Britain (England, Scotland, and Wales). It applies in Northern Ireland, under the Northern Ireland Protocol. Therefore, you are required to have a Responsible Person for sales in Northern Ireland, as you are for sales in the EU. If you are a brand owner based in Northern Ireland, you may want to act as your own Responsible Person, or you could appoint another entity based in Northern Ireland or the EU, as your Responsible Person.
3. What if I do not want to continue selling products in the EU?
If you do not want to continue selling products in the UK or EU, you can revise your shipping destinations.
4. What happens to merchants that do not provide an EU market-based Responsible Person for applicable products?
Applicable merchants who fail to provide an EU market-based Responsible Person to Wish are subject to infractions outlined in Merchant Policy 13 - Other Regulatory Compliance, including applicable products being impression blocked in the EU market. As noted above, EU domiciled merchants are currently NOT required to provide details of their Responsible Person(s) to Wish. Additionally, merchants may currently face infractions imposed by the EU and Northern Ireland regulatory authorities if they do not have an EU Market-based Responsible Persons for applicable EU-bound products.
5. What qualifies someone as an EU market-based Responsible Person?
An EU market-based Responsible Person needs to be one or more of the following:
- Any Authorized Representative (AR) that is established in the EU who is appointed (in writing, with manufacturer obligations and AR tasks expressly specified) as the Responsible Person on behalf of the brand or manufacturer
- A brand or manufacturer that is established in the EU Market
- An importer-of-record or corporate subsidiary that is already established in the EU Market
- A fulfillment service provider (FSP) that is established in the EU Market
- A distributor that makes the product available on the EU Market marketplace
- A testing lab or certification agency that you use for your products (If they offer Responsible Person services)
- A 3rd party product compliance consultant (that must be authorized in writing
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