Italy Tightens Enforcement Under the EU General Product Safety Regulation
Italy has adopted Legislative Decree No. 78/2026 ("Decree"), in force since May 16, 2026, which strengthens product-safety enforcement and further operationalizes the EU General Product Safety Regulation ("GPSR") across consumer-product supply chains.
The Decree, enacted on May 15, 2026, amends the Italian Consumer Code to align Italy's domestic product-safety enforcement framework with Regulation (EU) 2023/988 on general product safety. While the GPSR has applied directly throughout the European Union since December 13, 2024, the Decree establishes the mechanisms of national coordination, market surveillance, and sanctions underpinning GPSR application in Italy.
As part of the European Union's broader effort to update product-safety regulation in response to increasingly digital and cross-border supply chains, the GPSR modernizes the traditional product-safety framework to address online sales channels, online marketplaces, and a broader range of economic operators involved in making consumer products available on the EU market.
The Decree complements that framework in several ways: by designating the competent authorities responsible for market surveillance, strengthening coordination with the EU Safety Gate rapid-alert system, introducing a revised sanctions regime for violations of product-safety obligations, and reinforcing the powers of competent authorities to investigate potentially unsafe products and to require corrective measures where necessary.
Specifically, pursuant to the Decree, sanctions for violations of product-safety obligations increase and now extend beyond manufacturers and distributors to other economic operators, including, inter alia, online marketplace providers. Furthermore, criminal sanctions may apply for dangerous products, while administrative penalties cover GPSR breaches, failures to cooperate with authorities, and contraventions of market-surveillance measures.
Against this backdrop, businesses are advised to take a number of key actions:
- Ensure that product-safety documentation, traceability, and incident‑management procedures meet GPSR standards;
- Map their role in the supply chain to confirm obligations and points of contact with competent authorities;
- Review marketplace and fulfillment arrangements to allocate GPSR responsibilities and cooperation duties; and
- Factor into business decision-making the potential enforcement impact under the Decree.
In sum, the Decree marks a significant step forward in Italy's transition from GPSR implementation to enforcement: As authorities across the European Union continue to operationalize the GPSR, businesses that market consumer products in multiple Member States, including Italy, should expect greater regulatory scrutiny, increased cooperation among market-surveillance authorities, and heightened attention to product-safety compliance throughout the supply chain.
