GPSR regulations in relation to font production and selling

FettleFoundry

On 13th December 2024, new EU regulation comes into effect regarding the safety of all products sold into EU markets. This applies to any manufacturer outside of the EU and covers digital products as well as physical ones, so I would assume it includes font files.

I have heard nothing from the third party platforms I use to sell my typefaces and cannot find any specific information on how digital products should meet the new regulations.

There are some tricky requirements for small manufacturers, such as the need to have a representative based in the EU if you intend to sell directly in that market.

I am going to get some advice on this matter, but before I do I was wondering if anyone has already looked into this and whether there is anything that font manufacturers need to do to ensure they are compliant?

Jasper de Waard

I haven't looked into this in great detail, but I thought it was mainly aimed at bigger corporations. Seems unlikely that they would force every individual who wants to sell something digital on the European market to have an address in Europe. 

James Hultquist-Todd

Having just read this regulation, I must be confused. It seems everyone who sells to the EU has to have a representative inside the EU (with their information clearly available on the packaging), or they are out of compliance?

I did some digging and it looks like Article 51 states that EU nations “shouldn’t ‘impede’ the sale of any product that was first supplied for distribution, consumption, or use on the EU market before December 13, 2024, provided that product is covered by and complies with the General Product Safety Directive (2001/95/EG).” 

This means that customs or whoever enforces this law is going to have to know when the product was first for sale? This sounds like a mess.

I think I’ll just keep doing what I’m doing and when (if) it’s ever clarified in practice, I’ll adjust.

If I had to guess, I’d say this is something that won’t really be enforced except when issues arise like when all those cheaply made hoverboard toys or Samsung phones started bursting into flames years ago.

FettleFoundry

Jasper de Waard said:

I haven't looked into this in great detail, but I thought it was mainly aimed at bigger corporations. Seems unlikely that they would force every individual who wants to sell something digital on the European market to have an address in Europe. 

It’s everyone, from sole traders to big corporations. 

FettleFoundry

James Hultquist-Todd said:

Having just read this regulation, I must be confused. It seems everyone who sells to the EU has to have a representative inside the EU (with their information clearly available on the packaging), or they are out of compliance?

It seems that is correct. The representative must be given a mandate and would be responsible for checking and raising safety concerns, keeping technical documents and more. It seems you can pay someone to be your representative but it’s incredibly expensive.

Some advice suggests that this only applies if you sell direct, suggesting that selling through a third party platform puts the responsibility on the platform. However, none of this is information I’ve seen backed up by any legal professionals. 

Johannes Neumeier

Objectives:
    ensuring the safety of all products, including those linked to new technologies
    addressing challenges posed by the growth of online sales and in particular via online marketplaces;
    ensuring a better enforcement of the rules and more efficient and even market surveillance;
    improving the effectiveness of recalls of dangerous products in the hands of consumers.

Unless your fonts need to be recalled due to posing a health hazard, I think the type business is in the clear on this one. *not official business advice.

John Hudson

It isn’t clear to me from what I have read so far what ‘dangerous product’ means in the context of this regulation. Dangerous to individual health and safety only, as suggested by the examples and illustrations provided in the official fact sheet? Or also dangerous to e.g. digital data security, financial security, etc.?

JoyceKetterer

@John Hudson I have a lawyer in the Netherlands I trust, if you want to go in together on looking into this.  My guess from skimming the law is that it's really intended for physical products, though that doesn't mean software might not get caught up in the net.  

John Hudson

That was my impression too, Joyce. ‘Digitalisation’ and ‘new technologies’ are mentioned, so it seems likely that software will be subject in some way, but it would be good to get clarification on what it means in terms of ‘safety’.