1. Regulatory Frameworks: Two Systems, Growing Apart
EU:
The EU’s product compliance is governed by harmonized regulations such as the General Product Safety Regulation (GPSR), CE marking directives, and sector-specific rules (e.g., for cosmetics, toys, electronics).
UK:
Post-Brexit, the UK has developed its own frameworks. The UKCA (UK Conformity Assessed) marking replaces CE for most goods in Great Britain, while Northern Ireland continues to follow EU rules under the Windsor Framework.
Key Pitfall:
Assuming CE marking is sufficient for the UK market. For Great Britain, UKCA is now required for most regulated products.
2. Marking and Labelling: CE vs. UKCA
- CE Marking: Required for products sold in the EU and Northern Ireland.
- UKCA Marking: Mandatory for most products in Great Britain (England, Scotland, Wales).
- Dual Marking: In some cases, products may need both CE and UKCA marks if sold in both markets.
Tip:
Ensure your technical documentation supports both marks, and that labels are updated to reflect the correct market.
3. Responsible Person and Local Representation
- EU: Non-EU sellers must appoint an EU-based Responsible Person (RP) for many regulated products.
- UK: Non-UK sellers must appoint a UK Responsible Person (UKRP) for products like medical devices and cosmetics.
Pitfall:
Using the same entity for both roles without verifying their qualifications and local presence.
4. Product Safety and Recalls
- EU: The new GPSR enforces stricter requirements for recalls, documentation, and post-market surveillance.
- UK: The UK has its own recall and safety notification systems, overseen by the Office for Product Safety and Standards (OPSS).
Tip:
Maintain separate recall protocols and ensure you’re registered with the correct authorities in each market.
5. Chemicals, Ingredients, and Environmental Rules
- EU: REACH and RoHS apply, with ongoing updates and new restrictions (e.g., on microplastics, PFAS).
- UK: UK REACH and UK RoHS are in force, but lists of restricted substances may diverge over time.
Pitfall:
Assuming chemical compliance in one market guarantees compliance in the other. Always check both lists before importing or selling.
6. Packaging, EPR, and Sustainability
- EU: EPR (Extended Producer Responsibility) schemes are harmonized but implemented nationally. Eco-modulation of fees and digital product passports are expanding.
- UK: Separate EPR schemes, reporting requirements, and packaging labelling rules apply.
Tip:
Register for EPR separately in each region and tailor your packaging data and labelling accordingly.
7. Digital, Data, and Consumer Rights
- EU: GDPR, the DSA, and new consumer rights directives set strict standards for data protection, online sales, and digital transparency.
- UK: UK GDPR and the new DMCCA (Digital Markets, Competition and Consumers Act) apply, with some differences in scope and enforcement.
Pitfall:
Not updating privacy policies and consumer terms for each jurisdiction.
How to Avoid Compliance Pitfalls
- Audit your product portfolio for region-specific requirements before launch.
- Keep documentation and technical files up to date for both CE and UKCA.
- Appoint qualified local representatives for each market.
- Monitor regulatory updates—divergence will increase as both regions evolve their rules.
- Train your compliance and customer service teams on the differences between EU and UK obligations.
Conclusion
Navigating UK and EU product compliance in 2025 demands vigilance, flexibility, and a proactive approach. By understanding the key differences and updating your processes accordingly, you can avoid costly pitfalls, ensure smooth market access, and build trust with regulators and customers alike.
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Sources: UK Government, European Commission, OPSS, Farrer & Co, Osborne Clarke, SGS, BSI Group