Product safety, CE marking and recalls

A product may not enter the market until the relevant requirements are met. Which ones depends on the product, its use and the role of the company. In the case of technical products, several sets of rules often overlap. We accompany manufacturers, importers and dealers in the legal classification, contract design and in case of complaints by customers or authorities.

First determine the product and your own role

A machine, an electrical appliance and an ordinary object of use shall not be subject to the same requirements. At the beginning, purpose, functions, user group, sales countries and distribution channels are recorded. Changes to an existing product may also be legally relevant. Those who sell under their own name or trademark may assume manufacturer obligations, although another company carries out the production.

The General EU Product Safety Regulation (EU) 2023/988 concerns consumer products in particular. In the case of specific Union security rules, its additional scope shall be examined. Purely industrial products do not automatically become consumer products, but use by consumers under reasonably foreseeable conditions can be crucial.

CE is not a general product authorisation

The CE marking shall be affixed only if the relevant harmonisation legislation provides for it. It must not be used as any seal of quality. With it, the manufacturer declares compliance with the applicable requirements. Whether a notified body has to participate depends on the relevant regulatory framework and conformity assessment procedures.

Prior to placing on the market, for example, risk assessment, technical documentation, necessary tests, declaration of conformity, markings and instructions must fit together. A legal review shall not replace a technical risk assessment or a mandatory conformity assessment. We agree the legal requirements with the relevant technical experts.

Product changes and new legal requirements

In the case of machinery, account shall be taken of the transition to Regulation (EU) 2023/1230, the main rules of which shall apply from the date on which: 20 January 2027 This is the case in the United Kingdom. The transition depends on the specific process and the relevant date of placing on the market. A current order or an early beginning of development does not solve the question alone.

Connected products can also be required from the Cyber Resilience Act and the Data Act I'd like to talk to you. Security updates, remote access and changes to the software are therefore part of the product organization. A uniform overview of responsibilities prevents development, distribution and customer service from being the responsibility of a different department.

When a security problem becomes known

Complaints, accidents and recurring defects must be reported to a designated team. The risks, affected products and extent of distribution must then be established. Depending on the findings, appropriate steps may include stopping sales, issuing a warning, repair, withdrawal or recall. Reporting duties and deadlines must not be postponed until a lengthy root-cause analysis has been completed.

For consumer products, the Product Safety Regulation provides, among other things, for the safety business gateway for certain notifications. Communication with authorities, dealers and customers must be coordinated in content. In the event of a recall, account must also be taken of the legal requirements for the recall notification and the remedy for consumers. An appeasement such as "purely precautionary" can make a hazard message unclear.

A callback plan needs reliable data

• Which batches, serial numbers and software levels can be affected?
• Which customers and sales partners can actually be reached?
• Who is allowed to block a delivery and who informs market surveillance?
• How are repairs, replacements or reimbursement organised and documented?
• What are the claims against suppliers and which insurances must be included?

We examine, among other things, supply contracts, distribution of duties, documentation and reporting channels. In a concrete incident, we support legal evaluation and communication. For a Request for a mandate product description, sales countries, their own role and already known safety problems are particularly helpful.

Legal basis and decisions: Product safety law, in particular §§ 6 and 7; Regulation (EU) 2023/988 on general product safety; BAM: Machinery and relevant regulations.

Situation as at 2 November 2026.

Further reading: Mechanical engineering and industry · Cyber Resilience Act for manufacturers and software providers · Checklists

For machines, plants and connected industrial products we deepen the special features of manufacturer roles, conformity assessment and technical documentation on our law firm portal maschinenrecht.com: Product safety and CE in mechanical engineering. There you will find additional information at the interface of product compliance and technical contract design.