Product Compliance and E-Commerce on the European Market [IP Corner]

European product law is mainly designed to meet the requirements of the consumer who is buying goods in shops. Accordingly, during the last few years, many questions and heavy discussion have arisen on what approach to take regarding online shops and online shopping. In August 2017, the European Commission (EC) published a notice on the market surveillance of products sold online [1]. Even though the interpretation and guidelines provided in this notice are not legally binding, it is to be expected that national market surveillance authorities will mainly adapt the approach from the EC. This article will give an overview and specifically outline the aspects of the EC's notice relevant for U.S. manufacturers of consumer electronics (CE). The clarification given by the EC with the notice demands a review of the distribution chain in Europe, especially if CE are sold online directly to consumers.