Overview and Frequently Asked Questions
Your Kickstarter campaign is successful—now what? Once you have the funds to pursue production of your creative idea, you should be mindful of various laws and regulations that could impact fulfillment of your rewards.
If you have backers in the European Union, for example, you should be aware of the EU General Product Safety Regulation (GPSR). We have provided an overview of the GPSR below; please note that the summary below is purely informational and does not constitute legal advice. For advice specific to your situation, always consult with a legal professional.
What is the GPSR?
The GPSR is a regulation of the European Union that aims to ensure that all products placed on the EU market are safe for consumers. It applies to a wide range of products, both manufactured within and imported into the EU.
Who is responsible for GPSR compliance?
Once your campaign is successful, you as the creator should evaluate whether your fulfillment activity is subject to GPSR. Creators are responsible for GPSR compliance along with your team of fulfillment partners, including manufacturers, importers, distributors, and other fulfillment service providers. Each operator has specific obligations depending on their role in the supply chain, and if you select Kickstarter as your pledge management partner, we provide some tooling to assist in meeting GPSR compliance obligations.
What are the key steps to ensure GPSR compliance?
During production, with your fulfillment team, plan to complete the following tasks:
- Risk Assessment: Conduct a thorough risk assessment of your product to identify potential hazards and evaluate the associated risks.
- Conformity with Standards: Ensure your product conforms to relevant harmonized European standards. Compliance with these standards provides a presumption of conformity with the GPSR.
- Technical Documentation: Maintain technical documentation demonstrating your product's compliance with the GPSR. This documentation should include information on the product's design, manufacturing process, and risk assessment.
- Conformity Assessment Procedures: Follow the appropriate conformity assessment procedures for your product category.
- Traceability: Implement a system for product traceability to enable quick identification and recall if necessary.
- Incident Reporting: Report any accidents or incidents involving your product to the relevant authorities.
- Market Surveillance Cooperation: Cooperate with market surveillance authorities in their investigations.
During pledge management, on Kickstarter’s platform:
- Labeling and Instructions: Provide clear and accurate labeling and instructions for safe use of your product. Use updates on your project page or direct messaging to provide your backers with all the information they need to know about the products you’re providing.
What documentation is required for GPSR compliance?
The required documentation varies depending on the product and its risk classification. Generally, the technical documentation should include:
- A description of the product and its intended use.
- Details of the design and manufacturing process.
- Results of the risk assessment.
- Test reports and certificates demonstrating compliance with relevant standards.
- Instructions for use and maintenance.
- Information on product traceability.
What are the consequences of non-compliance?
Non-compliance with the GPSR can result in various penalties, including product recalls, sales bans, fines, and legal action.
Where can I find more information and assistance?
- European Commission Website: The European Commission website provides detailed information on the GPSR, including guidance documents and FAQs.
- Legal Counsel: Consult with a legal professional specializing in product safety and regulatory compliance for tailored advice.
How do I report an unsafe product?
Consumers can report unsafe products to their national market surveillance authorities. Contact information for these authorities can typically be found on the European Commission website or the website of the relevant Member State.