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EU GPSR Regulations - Artists and Art Gallery Artworks

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Disclaimer: We are not lawyers. This information is supplied for general guidance only and does not replace or constitute professional legal advice. If you have specific concerns about the General Product Safety Regulation (GPSR) and your products, we recommend consulting a qualified legal professional.

 

1. Introduction
We have reviewed the new EU General Product Safety Regulation (GPSR) which updates and strengthens the former General Product Safety Directive to understand its potential implications for our gallery, our artists and our customers in the EU and Northern Ireland (NI). Below, we provide an overview of how these rules should apply to artworks, highlighting why original paintings and artist prints typically do not fall under GPSR requirements, as well as how we manage other items that may be viewed as consumer products.

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2. Transitional Arrangements
Article 51 of the GPSR provides transitional arrangements for products already on the market before 13 December 2024:

No Further Action for Existing Artworks
Products compliant with the 2005 UK GPSR (as it applies or applied before 13 December 2024) may continue to be sold in the EU and NI. This includes all existing art pieces and print runs already on the market.

 

Coverage of Artworks
Since most of our original artworks, limited-edition prints and other items on ARTSY were placed on the market prior to 13 December 2024, no additional action is required for these items under the new regulation.

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Given the uncertainty surrounding how individual customs authorities interpret these regulations, some may adopt a highly cautious approach (e.g., extensive labelling). Where such measures are not feasible, you could consider including a disclaimer on your packaging alongside address label along the following lines:

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🇬🇧 This product is part of an existing product line that was already on the market before 13 December 2024, and it fully complies with Directive 2001/95/EC. However, under Article 51, it falls outside the scope of Regulation (EU) 2023/988. Full details are available online at: johndyergallery.com/GPSR.

🇫🇷 Ce produit fait partie d’une gamme de produits existante déjà commercialisée avant le 13 décembre 2024 et il est entièrement conforme à la Directive 2001/95/CE. Toutefois, en vertu de l’article 51, il ne relève pas du champ d’application du Règlement (UE) 2023/988. Vous trouverez tous les détails en ligne à l’adresse suivante : johndyergallery.com/GPSR.

🇩🇪 Dieses Produkt ist Teil einer bereits vor dem 13. Dezember 2024 auf dem Markt befindlichen Produktlinie und entspricht vollständig der Richtlinie 2001/95/EG. Nach Artikel 51 fällt es jedoch nicht in den Geltungsbereich der Verordnung (EU) 2023/988. Weitere Einzelheiten finden Sie online unter: johndyergallery.com/GPSR.

 

This has been suggested by Andrea Collins of https://www.globaltradedept.com, who advises the UK Government Department of Business and Trade. 

We will continue monitoring any updates or clarifications to ensure our practices remain fully aligned with GPSR obligations.

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3. Applicability of GPSR to Artworks
We believe that original works of art—including paintings and limited-edition, signed artist prints—do not constitute “consumer products” under the GPSR. These artworks are:

Unique or Produced in Minimal Quantities
Paintings are one-off creations.
Signed limited-edition prints are sold in very small numbers.
Not Assigned Barcodes or Traceability Codes

No EAN Barcodes, Serial Numbers, or Batch Numbers are used, as these items are not mass-produced consumer goods.

The GPSR’s requirements for traceability and labelling are therefore not relevant to these artworks.
Covered Under Transitional Arrangements

Original paintings and signed prints shipped from the UK worldwide remain subject to the transitional provisions described above.

Based on these points, we take the view that the GPSR does not apply to these unique or nearly unique pieces.

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4. Items Potentially Considered Consumer Products
While original artworks—such as paintings and signed limited-edition prints—are almost always unique, we recognize that certain other products may appear to fall under the scope of consumer goods. These items include:

Unsigned art prints
Artist-designed gifts
Homeware

However, in many cases, these items are still produced on a made-to-order, one-off basis rather than in mass batches.

 

Below is how we address each point related to product-safety compliance.

Note: Although we believe the GPSR is largely intended for mass-produced consumer goods, we continue to monitor regulatory developments and ensure that any item potentially falling within the “consumer product” realm meets the necessary compliance standards. Our focus, however, remains on unique, artist-led creations that do not conform to typical mass-production models.

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5. Why Original Artworks Generally Do Not Fall Under EU Consumer Product Regulations

 

5.1 Historical Background
Regulatory Focus
The EU’s product-safety rules were designed to protect consumers from hazardous or defective mass-produced goods, such as electrical devices, toys, and everyday household items.
Art Exception
Traditionally, purely decorative or artistic works have not been targets of product-safety legislation due to their unique, non-mass-produced nature and aesthetic (rather than utilitarian) function.

 

5.2 Key Points About Artworks
Non-Mass Production
Original artworks (and limited-edition prints) are produced in single editions or short runs—unlike typical consumer goods that are mass-manufactured.

Aesthetic Purpose
A painting’s or sculpture’s intrinsic value lies in cultural and creative expression, not in a practical or functional use.

Low Risk Profile
Product-safety rules are intended to protect the public from foreseeable dangers during normal usage. A wall-hung painting does not present the same kind of risk as an electronic device or a toy with small parts.

 

5.3 Situations That Could Trigger Product-Safety Considerations
Functional or Interactive Art
If a piece doubles as furniture or includes electrical components (e.g., a lamp), product-safety rules regarding flammability, electrical safety, or structural stability could apply.

Hazardous Materials
If the materials used are potentially toxic (e.g., flaking lead paint, harmful fumes), further scrutiny by regulators may be needed.

5.4 Regulatory Precedent & Guidance
European Commission Guidance
Interpretative documents specify that consumer-safety directives apply primarily to products “intended for consumers or likely to be used by consumers,” highlighting a utilitarian function.
CJEU Jurisprudence
The Court of Justice of the European Union consistently emphasizes consumer-safety legislation’s role in preventing injury from normal or reasonably foreseeable use—not purely decorative display pieces.

 

6. Conclusion
Given the historical and legal context, original artworks—one-off paintings, unique sculptures, and limited-edition prints—are generally excluded from GPSR obligations. They are not standard consumer goods, they lack typical mass-production characteristics, and they do not pose the types of safety risks that the GPSR targets.

If in doubt (e.g., a piece is partially functional or made from unusual materials), we recommend consulting an EU-qualified legal professional to confirm whether GPSR requirements might apply.

 

Disclaimer: This document is for general informational purposes only. It does not replace professional legal advice. If you have specific questions about the new GPSR and how it affects your artworks or products, please consult a qualified legal professional.