Product Regulatory Compliance Verification

Increasing pace of technological advancement along with a constant development of solutions and products available on the market instigate constant changes within legal environment. Changes to the products manufacturing, distribution and usage require relevant amendment of the rules of introducing such products onto the market and their use. Products manufacturers, distributors and even users themselves are imposed numerous legal obligations, including administrative ones, whose non-performance may bring about serious consequences, including financial penalties.

What child safety symbols and warning labels should be placed on a toy packaging? What is a measuring container bottle? Where in the shop there should be displayed information about collecting waste electrical and electronic equipment? In what way to recognize a recycling fee for plastic bags in the books of account? What products need to be reported to a competent inspector before their sale? These are just a few dilemmas that entrepreneurs must solve every day.

In order to find their way through a highly complex system of requirements, which products placed on the market need to be consistent with, entrepreneurs must have knowledge of obligations stipulated by relevant laws and monitor law amendments to be able to comply with them. Moreover, sometimes the period provided for adaptation to new regulations is extremely short, thus in order to implement them on time, one must have knowledge even of their bills.

Identification of appropriate requirements and obligations is equally important at the stage of commencement of a product sale and later on during its distribution. It is necessary not only to be familiar with the industry-specific regulations, but also with general conditions that apply to various types of business. Moreover, very often it is necessary to contact regulatory bodies in order to establish their interpretation of the applicable provisions.

Each seller of certain products may face doubts if the products sold conform with the current requirements, if it does fulfil all administrative obligations imposed on it by the law, and what consequences of nonfulfillment of certain administrative obligations are.

While dealing with a wide range of products, one needs to answer itself in particular the following questions:

• What are the current legal requirements which these products need to comply with?

• How to label the products correctly?

• What information must be provided to the product users?

• What is the legal status of a firm trading the products and what are the obligations imposed on it in this respect?

• Is trading in products subject to any restrictions?

• Is trading in products subject to a notification obligation?

• Are any reporting obligations imposed on the seller? If yes, towards what authority?

• Is the supervision of safe product usage required after the product marketing? If yes, on what terms?

• What is the liability for defects of the products and for possible damage caused by them?

• What procedures apply where products are suspended or withdrawn from the market?

KPMG has a long-time experience in the provision of services to companies operating in regulated product industries. Our services are rendered by a multidisciplinary expert team and cover regulatory issues pertaining to all types of products.

© 2018 D.Dobkowski sp.k., a Polish limited partnership is a law firm associated with KPMG in Poland.

Zeskanuj kod, aby przejść do strony kpmg.pl

KPMG supportProduct classification in accordance with the provisions of law

Analysis of the current legal requirements set for the products placed on the market

Legal verification on the launched products’ compliance with the current legal requirements

Advisory services covering fulfilment of administrative obligations related to the distribution of certain products

Issuance of a report upon the completion of services, such report indicating a required corrective actions, if any

Legal assistance in the preparation of relevant notifications, announcements, motions, reports and other documents for competent authorities / institutions

Representing producers and distributors in proceedings before regulatory authorities and the Office for the Protection of Competition and Consumers.

BenefitsRegulatory compliance – ensuring that the distributed product is consistent with the current legal requirements

Sanction risk reduction – decreasing the risk of potential administrative and penal sanctions threatening for the failure to perform administrative duties

Reduction of the risk of other costs – decreasing the risk of incurring other costs (e.g. contractual penalties, damages, reputational costs)

Exercise of due diligence – exercising by a firm / management board members due diligence with regard to the fulfilment of administrative duties

Reliability increase – improving the company’s reliability by obtaining a service completion report

Michał Komar Associate T: +48 22 528 13 00 E: mkomar@kpmg.pl

Magdalena Bęza Senior Associate T: +48 22 528 13 00 E: mbeza@kpmg.pl

Contact

D.Dobkowski sp.k.ul. Inflancka 4A 00-189 Warszawa T: +48 22 528 13 00 E: legal@kpmg.pl