# New EU Product Liability: Fulfillment Service Providers Can Face Liability **Category:** Regulation | **Source:** Frachtportal Redaktion | **Published:** 2026-08-13 | **Updated:** 2026-08-15 **Tags:** Produkthaftung, Produkthaftungsrichtlinie, Fulfilment, E-Commerce, Lagerlogistik, Drittimporte, Importeur, Spedition, Warehousing, EU 2024/2853, Logistik News, Transport News, Fracht News, Speditions News, Supply Chain News, Zoll News, Frachtportal News, Seefracht, LKW Transport, Zoll > As of December 2026, those who store, pack, and ship goods from third countries may themselves be subject to EU product liability under certain conditions. --- Fulfilment service providers in the EU will face a new liability risk as of December 2026. This is based on the new EU Product Liability Directive 2024/2853. It modernizes existing regulations and takes greater account of online commerce and goods that come directly from third countries into the EU. For logistics providers, one change is particularly important: If the manufacturer of a defective product is based outside the EU and there is neither a liable importer nor an authorized representative of the manufacturer within the EU, the fulfilment service provider can instead be brought into the liability chain. This can be relevant, for example, in e-commerce models where a merchant from China or another third country delivers its products directly to a European fulfilment warehouse and individual customer orders are dispatched from there. However, the rule **does not automatically apply to every freight forwarder**. The EU defines a fulfilment service provider as a company that offers at least two of the following services: storage, packaging, addressing, and shipping. The company must not be the owner of the goods. Pure postal services, parcel services, and pure freight transport services are explicitly excluded. This is an important distinction for practice. Those who merely organize truck transport or ocean freight shipments do not automatically fall under this new liability rule. The situation can be different in classic e-commerce fulfilment, where goods are stored, picked, packed, addressed, and shipped. Product liability is moreover **independent of fault**. Put simply, it is not just about whether the logistics provider made an error themselves. What can be decisive is whether, under the new rules, they can be held responsible as a responsible economic operator for the defective product. The new requirements apply to products placed on the market or put into service after December 8, 2026. EU member states must transpose the directive into national law. In Germany, implementation was still in the parliamentary process as of early August 2026 according to VerkehrsRundschau. --- For standard freight forwarders, little should change initially. However, those offering warehousing and e-commerce fulfillment services should take a closer look. Especially for customers outside the EU, the following should be clarified: Who is the responsible economic operator within the EU? This should not be examined only when damage occurs. Fulfillment companies should therefore review their customer master data and contracts. For third-country goods, it should be documented who the manufacturer, importer, or authorized representative is. This assignment can be particularly difficult with Asian online retailers, marketplace operations, and direct import models. Insurance coverage should also be reviewed. Standard freight forwarding or transport liability insurance does not automatically cover every product liability risk. Which coverage is required must be clarified with the respective insurer. For the dispatch department, this means above all: this topic belongs less in individual shipment processing and more in the customer onboarding process. Before taking on a new fulfillment customer from a third country, it should be clear who within the EU is responsible for the product. In short: Those who only transport do not automatically become liable for the product. However, those who store, pack, and ship third-country goods for e-commerce should thoroughly review their liability chain by December 2026 at the latest. --- The basis is the EU Product Liability Directive (EU) 2024/2853. The directive replaces the previous EU product liability law from Directive 85/374/EEC. The new rules apply to products placed on the market or put into service after 8 December 2026. For a manufacturer located outside the EU, an importer or authorized representative within the EU may be initially liable. If there is no corresponding importer or authorized representative in the EU, the fulfillment service provider can be held liable. A fulfillment service provider must offer at least two services from warehousing, packaging, labeling, and shipping. Pure freight transport, postal and parcel services are exempt from this definition. Product liability under the directive is generally independent of fault. The regulation for products from non-EU countries and cross-border e-commerce models is particularly relevant. In Germany, national implementation was not yet completed as of 10 August 2026 according to VerkehrsRundschau. ## Related Entities ### Countries - [Austria](https://www.freight-academy.com/en/information/land/at) - [Belgium](https://www.freight-academy.com/en/information/land/be) - [Bulgaria](https://www.freight-academy.com/en/information/land/bg) - [Croatia](https://www.freight-academy.com/en/information/land/hr) - [Cyprus](https://www.freight-academy.com/en/information/land/cy) - [Czechia](https://www.freight-academy.com/en/information/land/cz) - [Denmark](https://www.freight-academy.com/en/information/land/dk) - [Estonia](https://www.freight-academy.com/en/information/land/ee) - [Finland](https://www.freight-academy.com/en/information/land/fi) - [France](https://www.freight-academy.com/en/information/land/fr) - [Germany](https://www.freight-academy.com/en/information/land/de) - [Greece](https://www.freight-academy.com/en/information/land/gr) - [Hungary](https://www.freight-academy.com/en/information/land/hu) - [Ireland](https://www.freight-academy.com/en/information/land/ie) - [Italy](https://www.freight-academy.com/en/information/land/it) - [Latvia](https://www.freight-academy.com/en/information/land/lv) - [Lithuania](https://www.freight-academy.com/en/information/land/lt) - [Luxembourg](https://www.freight-academy.com/en/information/land/lu) - [Malta](https://www.freight-academy.com/en/information/land/mt) - [Netherlands](https://www.freight-academy.com/en/information/land/nl) - [Poland](https://www.freight-academy.com/en/information/land/pl) - [Portugal](https://www.freight-academy.com/en/information/land/pt) - [Romania](https://www.freight-academy.com/en/information/land/ro) - [Slovakia](https://www.freight-academy.com/en/information/land/sk) - [Slovenia](https://www.freight-academy.com/en/information/land/si) - [Spain](https://www.freight-academy.com/en/information/land/es) - [Sweden](https://www.freight-academy.com/en/information/land/se) - [Norway](https://www.freight-academy.com/en/information/land/no) - [Iceland](https://www.freight-academy.com/en/information/land/is) - [Liechtenstein](https://www.freight-academy.com/en/information/land/li) ### Glossary - [Freight forwarding](https://www.freight-academy.com/en/glossary/freight-forwarding-2) - [Importer](https://www.freight-academy.com/en/glossary/importer-2) - [picking service](https://www.freight-academy.com/en/glossary/picking-service) - [Warehouse](https://www.freight-academy.com/en/glossary/warehouse-3) - [truck transport](https://www.freight-academy.com/en/glossary/truck-transport) - [Logistician](https://www.freight-academy.com/en/glossary/logistician) - [Packaging](https://www.freight-academy.com/en/glossary/packaging) - [Shipping](https://www.freight-academy.com/en/glossary/shipping) - [Goods](https://www.freight-academy.com/en/glossary/goods) - [Warehouse logistics](https://www.freight-academy.com/en/glossary/warehouse-logistics-2) - [E-Commerce Cross-Border Fulfillment](https://www.freight-academy.com/en/glossary/e-commerce-cross-border-fulfillment) - [Third-Party Compliance Tools](https://www.freight-academy.com/en/glossary/third-party-compliance-tools) - [Warehouse](https://www.freight-academy.com/en/glossary/warehouse) - [truck transport](https://www.freight-academy.com/en/glossary/truck-transport-3) - [Third-Party Administrator](https://www.freight-academy.com/en/glossary/third-party-administrator) - [Warehouse logistics](https://www.freight-academy.com/en/glossary/warehouse-logistics-3) - [Fulfillment Center](https://www.freight-academy.com/en/glossary/fulfillment-center) - [Warehouse product liability](https://www.freight-academy.com/en/glossary/warehouse-product-liability) - [Third Country](https://www.freight-academy.com/en/glossary/third-country) --- *Canonical URL: [https://www.freight-academy.com/en/news/neue-eu-produkthaftung-fulfilment-dienstleister-koennen-selbst-haften-20260812092457](https://www.freight-academy.com/en/news/neue-eu-produkthaftung-fulfilment-dienstleister-koennen-selbst-haften-20260812092457)* *Markdown mirror: [https://www.freight-academy.com/api/md/news/en/neue-eu-produkthaftung-fulfilment-dienstleister-koennen-selbst-haften-20260812092457](https://www.freight-academy.com/api/md/news/en/neue-eu-produkthaftung-fulfilment-dienstleister-koennen-selbst-haften-20260812092457)*