Quick answer: are they the same thing?
No. The responsible person under the GPSR and the authorised representative are not automatically the same.
The responsible person is the function that must be covered by an economic operator established in the European Union before a product covered by Regulation (EU) 2023/988 (the GPSR, applicable since 13 December 2024) is placed on the market. The authorised representative is a legal figure appointed by the manufacturer through a written mandate to act on its behalf for specific tasks.
An authorised representative can act as the responsible person, but only if the mandate expressly covers the applicable tasks. They are distinct figures with different legal bases.
What is the responsible person under the GPSR?
Article 16 of the GPSR establishes that, before a product covered by the Regulation is placed on the market, an economic operator established in the European Union must exist. This operator takes on specific tasks related to product safety: keeping documentation available for market surveillance authorities, cooperating with them if a risk is identified, and ensuring the product can be traced throughout the supply chain.
It is worth clarifying a point that frequently causes confusion: the responsible person is not necessarily an external service provider. It can be the manufacturer itself if established in the EU, the importer who places the product on the European market, an authorised representative with the appropriate mandate, or, in certain circumstances, a fulfilment service provider.
The key is not what this figure is called, but that an operator established in the EU exists and is able to respond to authorities and ensure product traceability.
The key difference: mandatory function vs written mandate
The most practical distinction is this:
- The responsible person describes a regulatory function that must exist in the supply chain before the product is placed on the market.
- The authorised representative describes a legal figure that arises from a contract between the manufacturer and an entity established in the EU.
The same entity can fulfil both roles, but this does not happen automatically. It requires a clear contractual basis and a properly defined scope of mandate.
Comparison table
| Responsible person (GPSR) | Authorised representative | |
|---|---|---|
| What it is | Regulatory function required before placing the product on the market | Legal figure created by a written mandate from the manufacturer |
| How the role arises | From the position in the supply chain | From a written mandate from the manufacturer |
| Who can fulfil it | EU manufacturer, importer, authorised representative with appropriate mandate, or fulfilment service provider | Natural or legal person established in the EU appointed by the manufacturer |
| Requires written mandate | Not always | Always |
| Can appear on product or online listing | Yes, when the manufacturer is not established in the EU | Yes, if acting as the responsible person |
| Main risk if misinterpreted | No responsible operator in the EU → customs hold, market withdrawal | Mandate insufficient to cover GPSR tasks → liability without proper legal basis |
Who can be the responsible person under Article 16 GPSR?
Article 16 of the GPSR, read together with Article 4 of Regulation (EU) 2019/1020 on market surveillance, establishes a sequence of operators who can take on this role.
The sequence of economic operators
Manufacturer established in the EU
If the manufacturer has its registered address in the European Union, it is directly the responsible operator. No further appointment is needed to fulfil this function.
Importer
If the manufacturer is located outside the EU, the company that places the product on the European market acts as the responsible economic operator. This is the most common situation in direct import chains from Asia, the Americas, or any third country.
Authorised representative with a written mandate
If the manufacturer is not in the EU and there is no conventional importer, the manufacturer may appoint an authorised representative through a written mandate. For this representative to act as the responsible person, the mandate must specifically cover the required tasks.
Fulfilment service provider
This is a last-resort option, not the norm. It applies only when there is no EU manufacturer, importer, or authorised representative in the supply chain. In that case, the fulfilment service provider handling the products may become the responsible operator for those specific products. It is not a default figure applicable to any non-EU supply chain.
A marketplace that hosts or facilitates the sale of a product does not automatically become the responsible person simply by doing so. The analysis depends on the actual role it plays in each transaction.
Where the GPSR, CE marking and market surveillance overlap
The GPSR applies to consumer products where no specific EU provisions exist with the same safety objective. This does not mean that CE-marked products are automatically excluded from the GPSR.
In practice, there are overlapping situations:
- A product subject to a CE marking directive may have risks or aspects not covered by that sectoral legislation. In that case, the GPSR may apply in a complementary way.
- The responsible economic operator obligations under Regulation (EU) 2019/1020 apply to products subject to harmonised legislation, while the GPSR creates an equivalent obligation for products outside that scope.
For consumer products with mixed risk profiles, the most prudent approach is a combined assessment that considers sectoral legislation, general safety requirements, and information obligations. Commission Notice C/2025/6233 provides useful guidance on how to interpret this framework.
It is also worth noting that correctly identifying the responsible operator has direct consequences for product labelling, packaging information, and the data required in online listings. That subject deserves its own analysis, but the chain starts here: without a clearly identified responsible operator, the product information cannot be correct either.
Common mistakes when assigning responsibility under the GPSR
1.Assuming that responsible person and authorised representative always mean the same thing. They are distinct figures. They may coincide, but this is not automatic.
2.Using the name of an authorised representative whose mandate does not cover the GPSR tasks. The mandate must be reviewed before treating it as valid.
3.Assuming the marketplace takes responsibility for the product. A platform that hosts a listing is not automatically the responsible person for the product.
4.Treating the fulfilment service provider as the default responsible person. It is a last-resort option for residual situations, not a standard solution.
5.Assuming CE marking and the GPSR are mutually exclusive. In some products, both sectoral legislation and the GPSR may apply simultaneously.
6.Confusing the GPSR responsible person with the PRRC under MDR/IVDR. The Person Responsible for Regulatory Compliance (PRRC) is a specific figure for medical device manufacturers under MDR or IVDR. It is not related to the responsible person under the GPSR or to the authorised representative in the sense of Regulation (EU) 2023/988.
How to identify which role your product needs — step by step
Check whether the product falls within the scope of the GPSR and whether specific EU sectoral legislation also applies.
Identify whether the manufacturer is established in the EU. If so, it is the direct responsible operator.
If the manufacturer is outside the EU, check whether there is an importer in the EU. If there is, the importer may take on the responsible person function.
Check whether the manufacturer has appointed an authorised representative. If so, review the written mandate.
Verify that the mandate expressly covers the responsible person tasks under Article 16 GPSR. A generic mandate or one limited to other legislation is not sufficient.
If none of the above exist, assess whether a fulfilment service provider can fill the last-resort position for the products it handles.
Bear in mind that identifying the responsible operator also determines the labelling requirements and the information required in online listings. Without a clear responsible operator, the product information cannot be correct either.
Document and review before placing the product on the market. Do not wait for a customs issue or a market surveillance enquiry to resolve who the responsible person is.
If the role remains unclear after completing these steps, resolve it before placing the product on the EU market or listing it online. Operating without a valid responsible operator can result in product withdrawal, customs holds, or administrative penalties.
What to keep in mind before selling in Europe
The GPSR does not require every non-EU manufacturer to appoint an authorised representative. What it requires is that an economic operator established in the Union exists and is able to respond to authorities, ensure traceability, and confirm that the product is safe.
The responsible person is the function. The authorised representative is one of the possible figures that can cover it, provided the written mandate allows for it.
If you already know that your product needs an operator established in the EU and want to confirm whether an authorised representative can also act as the responsible person, Conformity Point can review the role, the mandate, and the required information before you place the product on the market. You can also go directly to our EU Authorised Representative service.
For further reading on other aspects of regulatory compliance, see our articles on what GPSR is and the technical file for CE marking.
Go to the EU Authorised Representative serviceWhat to keep in mind before selling in Europe
The responsible person is the function, not the figure
It is the regulatory obligation to have an economic operator established in the EU before placing the product on the market.
The authorised representative is created by a written mandate
Without a mandate there is no representation, and without GPSR tasks covered in the mandate it cannot act as the responsible person.
Overlap is possible, but not automatic
The authorised representative only fulfils the responsible person function if the mandate expressly provides for it.
No valid responsible operator means risk of blocking
Products without an identified responsible economic operator may be held at customs or withdrawn from the market.
CE marking and the GPSR are not mutually exclusive
Both can apply at the same time. Holding CE marking does not exempt the product from GPSR obligations when they apply.
Official sources
Author
Written by Juan Manuel Beltrán, Founder & Product Compliance Consultant at Conformity Point. Specialist in consumer product compliance for the European market, he helps manufacturers, importers, and brands sell consumer products in Europe.
Published: 27 April 2026