Trap 1: GPSR Labeling Landmines in Product Packaging
The General Product Safety Regulation (GPSR), effective December 2024, introduces stringent labeling requirements for non-harmonized goods (products not covered by sector-specific EU laws). While many focus on CE marking, the GPSR mandates:
· EU-based responsible person details (name, address, email) directly on products or packaging.
· Multi-language hazard warnings tailored to the consumer’s member state, not just English.
· Digital traceability codes (batch/serial numbers) for recalls—a requirement already causing 23% of Amazon ASIN suspensions in preliminary enforcement.
Real-world consequence: A German toy importer faced €40k fines in March 2025 for listing "Made in China" without an EU representative’s contact information.
Trap 2: Hidden VAT Triggers in Marketplace Partnerships
Many sellers assume platforms like Amazon handle VAT compliance, but 2025 rules create joint liability minefields:
· Deemed supplier expansion: Marketplaces facilitating >30 B2C sales/quarter now automatically become VAT-liable "sellers" under ViDA reforms, shifting tax responsibility unexpectedly.
· IOSS misalignment: Using a marketplace’s Import One-Stop Shop (IOSS) number without verifying their VAT registration in your target country invalidates claims, as seen in Zalando’s €2.3M Dutch VAT dispute.
· Retroactive audits: Platforms must retain transaction data for 10 years, enabling tax authorities to challenge past filings—a risk for sellers using "fulfilled by" services.
Pro tip: Always cross-validate marketplace VAT IDs via the VIES database and maintain separate OSS registrations for direct sales.
Trap 3: DAC7’s Broadened "Digital Services" Definitions
The DAC7 Directive, fully enforced since February 2024, now classifies these as reportable digital services:
· AI-generated content platforms (e.g., ChatGPT-style product description tools).
· NFT marketplaces facilitating >€2k/year in sales.
· Subscription-based apps with in-EU users, regardless of the seller’s location.
Critical oversight: 68% of SaaS providers mistakenly believe B2B sales are exempt. However, DAC7 requires reporting all EU user transactions, including corporate clients.
Compliance hack: Implement automated KYC checks to capture buyer VAT numbers and residency proofs, avoiding the €50k penalty per unreported transaction
How to Avoid These Traps: A 4-Step Survival Plan
1. Labeling overhaul: Partner with EU-based compliance agents to audit packaging against GPSR Annex II.
2. VAT firewalls: Use dual OSS/IOSS registrations—never rely solely on marketplace tax handling.
3. DAC7 workflows: Integrate platforms like TaxJar or Avalara to auto-capture digital service data.
4. Quarterly mock audits: Simulate customs inspections using the EU’s Safety Gate Rapid Alert System.
Data sources: EU Safety Gate, ECOFIN 2025/37 Communication, Eurofins GPSR Tracker