The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?

The European legislator has included the fulfilment service provider (FSP) in European product safety legislation as a new responsible economic operator (EO) in e-commerce for instances where no other EO is based in the European Union. As a matter of coherency, this adjusted personal scope of produc...

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Main Author: Gitta Veldt
Format: Article
Language:English
Published: Cambridge University Press 2025-06-01
Series:European Journal of Risk Regulation
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S1867299X24000849/type/journal_article
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author Gitta Veldt
author_facet Gitta Veldt
author_sort Gitta Veldt
collection DOAJ
description The European legislator has included the fulfilment service provider (FSP) in European product safety legislation as a new responsible economic operator (EO) in e-commerce for instances where no other EO is based in the European Union. As a matter of coherency, this adjusted personal scope of product safety law will likely be mirrored in a revised product liability directive. This article explores to what extent the aims and expectations of European legislator with respect to these legal changes (law in the books) align with the perceptions of FSPs and legal advisors in the field (law in action). This is done by means of a legal analysis of the goals and envisioned effects of these changes as well as a semi-structured interview study on how FSPs and legal advisors in the field perceive this new role, responsibility, and liability. The findings provide indications that product safety law currently in force might not (yet) lead to the desired effects. The findings also make us question the extent to which victim compensation is actually improved by the proposed adjustment of the personal scope of the product liability directive.
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series European Journal of Risk Regulation
spelling doaj-art-fb771d25c651495485c6a1ca007416052025-08-20T13:03:09ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-82492025-06-011672174310.1017/err.2024.84The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?Gitta Veldt0https://orcid.org/0000-0002-4886-4364Institute of Private Law, Leiden University, The NetherlandsThe European legislator has included the fulfilment service provider (FSP) in European product safety legislation as a new responsible economic operator (EO) in e-commerce for instances where no other EO is based in the European Union. As a matter of coherency, this adjusted personal scope of product safety law will likely be mirrored in a revised product liability directive. This article explores to what extent the aims and expectations of European legislator with respect to these legal changes (law in the books) align with the perceptions of FSPs and legal advisors in the field (law in action). This is done by means of a legal analysis of the goals and envisioned effects of these changes as well as a semi-structured interview study on how FSPs and legal advisors in the field perceive this new role, responsibility, and liability. The findings provide indications that product safety law currently in force might not (yet) lead to the desired effects. The findings also make us question the extent to which victim compensation is actually improved by the proposed adjustment of the personal scope of the product liability directive.https://www.cambridge.org/core/product/identifier/S1867299X24000849/type/journal_articleproduct liabilitycompliancesafetyfulfilmente-commerce
spellingShingle Gitta Veldt
The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
European Journal of Risk Regulation
product liability
compliance
safety
fulfilment
e-commerce
title The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
title_full The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
title_fullStr The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
title_full_unstemmed The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
title_short The Fulfilment Service Provider in Product Safety and Liability: A Silver Bullet for the Enhancement of Safety and Compensation in E-Commerce, or a Leap of Faith?
title_sort fulfilment service provider in product safety and liability a silver bullet for the enhancement of safety and compensation in e commerce or a leap of faith
topic product liability
compliance
safety
fulfilment
e-commerce
url https://www.cambridge.org/core/product/identifier/S1867299X24000849/type/journal_article
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