Toys: EU Parliament Adopts Safety Rules with Digital Product Passport

The EU Parliament on Tuesday overwhelmingly approved an amendment to EU regulations on the safety of children's toys. The existing directive on safety requirements for toys will thus be transformed into a regulation that applies directly in all member states. Manufacturers will, in the future, have to create a digital product passport (DPP) for each toy and describe in detail how it complies with the requirements, as you can read in the decision. The MEPs aim to improve market surveillance and simplify customs controls at borders.

According to the draft regulation, on which the negotiators of the Parliament, the Council of Ministers, and the Commission agreed in principle in April, the DPP will replace the previous EU declaration of conformity. The passport must therefore be available ten years after the toy is placed on the market and made accessible to consumers, market surveillance, and customs authorities, as well as other economic operators.

According to the set of standards, access to the DPP will be via a data carrier such as a QR code. This must be physically attached to the toy, a label, the packaging, or the accompanying documentation and must be clearly visible to the consumer before purchase.

AI Act Must Be Considered

The regulation does not set specific safety requirements for cybersecurity, data protection, or other risks arising from the integration of AI. Toys with AI elements must instead meet the requirements of the AI Act. Toys that use systems with artificial intelligence as safety components and require third-party conformity assessment will be classified as high-risk under the AI regulation.

Before a toy is placed on the market, manufacturers must conduct a safety assessment of all potential hazards – chemical, physical, mechanical, and electrical. The flammability, hygiene, and radioactivity of the toy must also be checked, and the special needs of children must be considered. For digitally connected toys, the safety assessment must consider health risks, including potential dangers to psychological well-being. Manufacturers should ensure the highest standards for safety, protection, and the integration of data protection into technology (Privacy by Design) to optimally protect the child's well-being.

The new regulations also clarify the obligations of economic operators such as manufacturers, importers, and distributors. This includes companies responsible for the storage, packaging, and shipping of toys (fulfillment). Furthermore, the legislators have adapted the text to other legal provisions such as the General Product Safety Regulation, the Ecodesign Framework, and the Digital Services Act (DSA).

Online marketplaces and Banned Chemicals

MEPs have also clarified the requirements for online marketplaces to consider their growing importance in the toy trade. Amazon, Otto.de & Co., for example, must design their platforms in such a way that sellers can display the CE marking, safety instructions, and a link to the digital product passport before completing the purchase.

Data from the EU rapid alert system shows that toys regularly pose safety risks. In 2024, they accounted for 15 percent of all notifications in the EU, making them one of the most frequently reported product categories after cosmetics (36 percent). With this decision, the EU is therefore sending a clear signal, emphasized rapporteur Marion Walsmann (CDU): "Safety must not be left to chance. Thanks to clear guidelines, modern safety requirements, and fair transitional rules, companies can plan and grow responsibly – and children can play carefree." The regulation is "a win for everyone." The new rules will enter into force on the 20th day after their publication in the EU Official Journal.

(mki)