Product Liability & Product Compliance
Almost every phase in a product‘s life cycle and every stage in distribution chain nowadays are subject to legal regulation. The applicable legislation is often complex and inconsistent. The manufacturer must ensure compliance with a wide range of technical and formal requirements. Importers obligation’s are increasingly extended and aligned to those of manufacturers. Distributors also have to comply with numerous obligations. In the event of infringements of the law, fines, product liability claims, recalls and, increasingly, competition lawsuits by competitors are to be faced.
Compliance with legal requirements is therefore an elementary task for all participants in the supply chain. Amongst others, the necessary obligations and liability in the relevant contracts in the supply chain must be clearly adressed and allocated. In the event of damage, short-term action is usually necessary (RAPEX assessment, communication with authorities, safeguarding measures re recourse claims, insurance notification, etc.).
We advise efficiently, prudently and competently on all aspects of product law and product liability. We help our clients to identify and implement the regulatory requirements and to minimize liability risks, also in the relevant contracts. If product safety defects or non-conformities occur, we guide our clients safely through the crisis. We regularly work closely and efficiently with technical staff and experts. This interface between law and technology is of great importance and often leads to frictional losses. Hartmannsberger Franke advises manufacturers (OEMs and suppliers) and importers as well as dealers and distributors.
- Legal product requirements (including disposal/end-of-life)
- Product labelling and accompanying documents
- Drafting of contracts (purchase contracts, supply contracts, general terms and conditions, QM, QA agreements)
- Advice on product crises (RAPEX assessment, product liability law, recall)
- Administrative fines and criminal proceedings for violations of the law
- Enforcement of and defence against competition law suits
- Recall management and product compliance systems
- Recall/product liability insurance (notification of insurance; loss settlement)
Find out more?
We are at your disposal for any questions you may have and of course for a personal conversation.
Phone: +49 211-78 17 36 10
After several attempts and many years of negotiations, the EU Market Surveillance Regulation was published on 25 June 2019 (Regulation (EU) 2019/1020, OJ EU L 169, 1 ff.). This is probably one of the most fundamental legal developments in the non-food sector in the last 20 years.