Product Compliance
What is product compliance?
Product compliance refers to adhering to regulations and laws when manufacturing or selling individual products. These rules can be national (such as EU-wide regulations), legally mandated, or dependent on sales platforms like requirements for sustainable products. The field is "constantly evolving with new regulations emerging globally, particularly in areas like sustainability, chemicals, and digital product information."
Is product compliance relevant for me?
EU law designates the responsible party for product conformity—typically the manufacturer. However, a critical concept in e-commerce is the "initial distributor" rule.
Key Concept: Initial Distributor & "Herstellerfiktion"
If you're the first to sell a product in a specific country (for example, importing Chinese electric drills to Germany), you assume the manufacturer's compliance responsibilities. This German legal principle means "the seller substitutes for the manufacturer." New obligations around digital product passports, extended producer responsibility, and sustainability reporting further expand distributor responsibilities.
Example: Selling Bosch drills doesn't require you to certify them (Bosch handles that), but if you sell those same drills in Spain or Italy for the first time, you become the initial distributor and must handle registration in those countries.
Selected certificates
REACH
REACH (Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals) governs chemical laws in Europe, including limitations on substances like lead or cadmium. The regulation addresses Persistent Organic Pollutants (POPs)—long-lasting harmful substances. Recent updates to REACH annexes (2023-2025) introduce "stricter rules on substances affecting climate and health, including expanded restrictions on certain PFAS chemicals."
For electric appliances, the RoHS regulation (Restriction of Hazardous Substances) controls maximum limits of harmful materials.
CE
The CE marking is a well-known European certification—but it's important not to confuse it with the similar-looking China export label.
Manufacturers are responsible for CE certification; sellers need confirmation or verification. However, if you're the first to export into Europe from elsewhere, you must handle all EU conformity declarations and certifications.
Additional Compliance Considerations
Emerging compliance areas include:
- Digital Product Passports (DPP): Manufacturers and distributors must provide detailed, accessible product information to support circular economy goals and regulatory transparency.
- Extended Producer Responsibility (EPR): Expanded schemes beyond packaging to cover electronics, batteries, and textiles require producers to manage end-of-life product management.
- US-Specific Regulations: 2025 brings intensified PFAS restrictions, particularly at state level, plus new packaging and electronic waste laws.
- Global Supply Chain Due Diligence: Growing mandates for transparency regarding forced labor, human rights, and ESG reporting.
How do I check for certificates and registered products?
Most certifications appear in transparent public registers by country. In Germany, the ear ("Stiftung ear") database allows searching for manufacturers' electric appliance registrations and fee payments for disposal.
The European Commission Trade Helpdesk provides an overview of required certifications for specific products. Online registration systems like the Central Agency Packaging Register (ZSVR) enable registration within minutes.
Important note: "This is by the way the only law in this area worldwide that no contractor can do for you. As a manufacturer or seller, you always have to do this registration yourself."
Registration complexity varies by country, and each European nation decides what requires registration. Product categorization also differs—shoes with lights or blinking Santa hats count as electric appliances in Germany but remain clothing in France (which has separate textile disposal laws). Austria registered passive electric appliances (cables, outlets) in 2018; Germany followed later due to political pressure.
Best practice: Communicate with suppliers to clarify certifications, applicable norms, and assessment bases for each product. Have third-party service providers (like TÜV or Intertek) verify manufacturer certificates. You can exclude particular products or countries from export plans to avoid selling in jurisdictions where you haven't paid disposal fees.
Product compliance and Amazon
Most product conformity violations occur on Amazon. Beginning in 2020/21, Amazon implemented market surveillance to address this. While Amazon previously wasn't held responsible as merely a platform, the company prioritizes customer protection and product conformity. Sellers unable to present certifications get blocked when discovered.
Amazon now "proactively requests" verification, including ZSVR numbers, Federal Environment Agency registration, WEEE (Directive on Waste Electrical and Electronic Equipment) compliance, and similar documentation. "This trend is accelerating, with Amazon and other marketplaces increasingly requiring robust compliance documentation for all products sold."
Consequences of violations & how to proceed in case of competitors' violations
Non-compliance creates consequences across multiple legal areas. Environmental law enforcement falls under respective federal environment agencies. Customs monitor certifications like WEEE, though not all products require registration depending on jurisdiction.
Non-compliant sellers disadvantage competitors, who can pursue legal remedies: injunction suits to halt sales or compensation lawsuits with retroactive damages from the initial sale date.
Contract law also applies—sellers must provide goods free from material defects and defects of title. Individual customers can sue for amendment, value reduction, or purchase cancellation.