The National Commission on Markets and Competition (CNMC) has issued a report recommending that Spain’s new product safety regulations be tailored to small and medium-sized enterprises (SMEs), incorporating specific measures to facilitate compliance with administrative and technical requirements.
Among the proposed measures, the CNMC suggests the development of clear interpretive guidelines, the provision of technical advice, simplified access to European technical standards, and the possibility of joint compliance with certain obligations. The Commission notes that, currently, SMEs bear 59% of compliance costs related to safety.
Furthermore, following the model of the Digital Services Act, the CNMC proposes to scale the obligations of digital platforms according to their size and influence, with the aim of avoiding disproportionate requirements for smaller operators.
These recommendations are part of the report on the draft royal decree on general product safety, which aligns Spanish regulations with Regulation (EU) 2023/998. The CNMC views this update favorably, as it contributes to the smooth functioning of the European internal market and promotes fairer competition by requiring all operators, including those from third countries and in e-commerce, to bear the same safety costs (testing, traceability, and technical documentation).
The report also highlights the main new features of the draft, including the inclusion of risks associated with artificial intelligence, cybersecurity, and connected products, as well as new obligations for digital platforms, which must take active steps to remove unsafe products and ensure the traceability of sellers.
The regulation also strengthens market surveillance through mystery shopping and allows for the removal of content in digital environments. Furthermore, it establishes the obligation to retain technical documentation for ten years to improve product traceability and strengthens consumer rights, allowing consumers to choose between repair, replacement, or a refund for unsafe products.
This project updates the Spanish regulations applicable to non-harmonized products, such as furniture, clothing, footwear, sporting goods, and household items, with the aim of ensuring greater safety and transparency in the market.
Source: National Commission for Markets and Competition (CNMC)