CE marking vs GPSR: how they differ
GPSR is the EU's general, non-harmonised safety law. CE marking belongs to a different, sector-specific set of rules. Most private-label goods only ever meet one of them.
Last reviewed 8 September 2026. Written by the Ariadne team from the regulation text and marketplace documentation. Not legal advice.
GPSR does not require a CE mark
This is worth stating plainly, because sellers regularly conflate the two. CE marking is a construct of sector-specific "Union harmonisation legislation," the Toy Safety Directive, the Machinery Regulation, the EMC, RED and LVD directives, and similar instruments. GPSR itself contains no CE-marking article at all. A product that falls only under GPSR, with no applicable harmonisation directive or regulation, has no CE-marking requirement and nothing to affix.
Where the two regimes actually split
This Regulation applies to products that are placed or made available on the market insofar as there are no specific provisions with the same objective under Union law which regulate the safety of the products concerned. Where products are subject to specific safety requirements imposed by Union law, this Regulation applies only to those aspects and risks or categories of risks which are not covered by those requirements. With regard to products subject to specific requirements imposed by Union harmonisation legislation as defined in Article 3, point (27): (a) Chapter II does not apply insofar as the risks or categories of risks covered by Union harmonisation legislation are concerned; (b) Chapter III, Section 1, Chapters V and VII and Chapters IX to XI do not apply.
In plain terms: GPSR is the default. Where sector-specific EU law already regulates a product's safety, that law controls for the risks it covers, and GPSR only fills the gaps it leaves open, while switching off part of its own machinery for the covered risks. A toy still needs full Toy Safety Directive compliance, CE mark included, and is still subject to GPSR's distance-sales disclosure, Responsible Person and recall duties for anything the Toy Safety Directive does not itself address.
No Declaration of Conformity either
A Declaration of Conformity is likewise a construct of harmonisation legislation. The Market Surveillance Regulation's own Responsible Person duty makes this conditional:
if the Union harmonisation legislation applicable to the product provides for an EU declaration of conformity or declaration of performance and technical documentation, verifying that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keeping the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for the period required by that legislation and ensuring that the technical documentation can be made available to those authorities upon request
GPSR redefines "Union harmonisation legislation" in that borrowed clause to mean itself, and GPSR does not create or require a Declaration of Conformity document. A GPSR-only product simply has none to produce.
What GPSR requires instead: internal technical documentation
Before placing their products on the market, manufacturers shall carry out an internal risk analysis and draw up technical documentation containing at least a general description of the product and its essential characteristics relevant for assessing its safety.
Manufacturers shall ensure that the technical documentation referred to in paragraph 2 is up to date. They shall keep that documentation at the disposal of the market surveillance authorities for a period of 10 years after the product has been placed on the market and make that documentation available to those authorities upon request.
This internal file is kept for market surveillance authorities and is not published or attached to the product, a materially lighter, non-public duty than a formal Declaration of Conformity.
Side by side
| Requirement | CE-marked product | GPSR-only product |
|---|---|---|
| Declaration of Conformity | Required by the sector legislation | Not required, none exists under GPSR |
| CE mark on the product | Required | Not required, nothing to affix |
| Technical documentation | Required by the sector legislation's own rules | Internal file under Article 9(2)-(3), kept 10 years |
| Distance-sales disclosure, Responsible Person, recall duties | Still applies, GPSR fills the gaps sector law leaves open | Applies in full |
Frequently asked
Does GPSR replace CE marking?
No. They serve different products. CE marking applies where a specific EU harmonisation law requires it. GPSR is the general safety regime that applies whether or not a CE-marking law also applies, filling gaps that sector law leaves open.
My product has no CE mark. Does that mean it is unregulated?
No. Absence of a CE-marking requirement does not mean absence of regulation. Ordinary consumer products with no CE-marking regime, kitchen gadgets, textiles, furniture, are still fully covered by GPSR on their own.
Why does my toy need both CE marking and a GPSR listing disclosure?
Article 2(1) is the mechanism. Sector legislation like the Toy Safety Directive controls the risks it covers, but GPSR's other obligations, including the Article 19 distance-sales disclosure, still apply for what that sector law does not address.
Do I need a Declaration of Conformity for a GPSR-only product?
No. GPSR does not create or require one. Its equivalent is the internal technical documentation under Article 9(2)-(3), which is kept for market surveillance authorities rather than published.
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