Toy Safety Regulation, Article 14 (specific obligations related to toy safety of providers of online marketplaces)
Regulation (EU) 2025/2509, Article 14
A notice and action rule binding private bodies.
- Obligation class
- Disclosure, Governance
As of .
What it requires
- This duty takes effect on (Article 59, which applies the Regulation from that date). It reaches you if you provide an online marketplace, as defined in Article 3, point (14), of Regulation (EU) 2023/988, on which toys are sold or promoted: treat information referring to an offer of toys that are not in conformity with the Regulation as illegal content for the purposes of Regulation (EU) 2022/2065, subject to the measures established in that Regulation.
- Comply with the requirements of Articles 30 to 32 of Regulation (EU) 2022/2065 and Article 22 of Regulation (EU) 2023/988 for toys. Compliance is enforced within the enforcement structures set out in those Regulations.
- Design and organize your online interface, for the purposes of Article 31(2), point (c), of Regulation (EU) 2022/2065 and in addition to the information Article 22(9) of Regulation (EU) 2023/988 requires, so that economic operators can provide the CE marking referred to in Article 18(1), any warning to be clearly visible to the consumer before purchase in accordance with Article 6(3), and the data carrier or weblink through which the digital product passport is accessible.
- Treat a toy that does not comply with the particular safety requirements, or that complies with them but poses a risk to the health and safety of children or other persons, as a dangerous product for the purposes of compliance with Article 22 of Regulation (EU) 2023/988.
Who enforces it
Enforcement body
The enforcement structures set out in Regulation (EU) 2022/2065 and Regulation (EU) 2023/988, to which Article 14(2) refers for compliance with the marketplace requirements.
What this law does
Article 3, point (9), defines a provider of an online marketplace by reference to the definition in Article 3, point (14), of Regulation (EU) 2023/988. Article 14(1) provides that information referring to an offer of toys sold or promoted in online marketplaces intermediating between economic operators and consumers which are not in conformity with the Regulation is considered to be illegal content for the purposes of Regulation (EU) 2022/2065 and subject to the measures established in it.
Article 14(2) requires providers of online marketplaces to comply with the requirements of Articles 30 to 32 of Regulation (EU) 2022/2065 and Article 22 of Regulation (EU) 2023/988, and provides that compliance is enforced within the enforcement structures set out in those Regulations.
Article 14(3) requires providers of online marketplaces, for the purposes of Article 31(2), point (c), of Regulation (EU) 2022/2065 and in addition to the information required in Article 22(9) of Regulation (EU) 2023/988, to ensure that their online interface allows economic operators to provide the CE marking, any warning to be clearly visible to the consumer before purchase, and the data carrier or weblink through which the digital product passport is accessible.
Article 14(4) provides that a toy that does not comply with the particular safety requirements, or that complies with them but poses a risk to the health and safety of children or other persons, is considered a dangerous product for the purposes of compliance with Article 22 of Regulation (EU) 2023/988. Article 55 requires Member States to lay down the rules on penalties applicable to infringements of the Regulation, which must be effective, proportionate and dissuasive.
Article 59 applies the Regulation from , except that Articles 28 to 44 and Articles 49 to 55 apply from .
When LexLint raises it
When your app profile says your app operates an app store or operates a social platform.