New European Toy Safety Regulation 2025/2509 comes into force – key points at a glance

The new European Toy Safety Regulation 2025/2509 has been in force since 1 January 2026, replacing the Toy Safety Directive 2009/48/EC. While certain chapters apply exceptionally as from 1 January 2026, the Regulation will generally only take effect as from 1 August 2030. From that date, it will apply directly in all EU Member States without prior national implementation. Until then, toys may continue to be placed on the market under the relevant transitional provisions if they comply with the Toy Safety Directive 2009/48/EC.

Background

From the perspective of European legislators, Directive 2009/48/EC proved inadequate for dealing with current safety risks. In particular, chemical hazards (e.g. CMR substances, endocrine disruptors, allergens, PFAS and bisphenols) and new risks posed by digital and connected toys were, in the view of the legislators, no longer sufficiently addressed.

Scope of application

There are no significant changes to the scope of application; novelties are only found in the details. Toys are now products that are intended or designed to be used by children for play, whose use for play is envisioned by the manufacturer, or whose use for play is reasonably foreseeable by parents or supervisors. This clarification may make the classification practice for certain products more stringent. However, overall, it should be regarded as positive for industry because the clearer definition makes the rules easier to apply in practice.

In addition, the Commission may in future determine, by means of implementing acts, whether certain products are to be considered toys within the meaning of the Toy Safety Regulation (Article 2(3)).

Key changes and obligations

1) Economic operators and their obligations

Alongside the “traditional” economic operators, the new Toy Regulation introduces the fulfilment service provider, already known from the Market Surveillance Regulation (EU) 2019/1020, whose activities largely resemble those of an importer.

Apart from the central innovation of the digital product passport, the extended obligations of manufacturers along the entire supply and information chain should be noted. Manufacturers must inform all other economic operators promptly of any non-compliance they have identified. In addition, manufacturers and importers will in future be required to provide not only their name and postal address on the toy, but also an email address. The criticism expressed during the legislative process regarding the obligation to provide postal contact details despite the digital product passport was not taken into account and the requirement was retained. The new requirement for manufacturers to set up communication channels for end users and consumers to report safety-related complaints (Article 7(12)) is of practical relevance.

2) Digital product passport

The existing EU declaration of conformity will be replaced in the new Toy Safety Regulation by the digital product passport, which manufacturers must issue by means of a data carrier before placing a toy on the market. The data carrier may take the form of a barcode, a two-dimensional symbol or other automatic data capture medium that can be read by a device (Article 3(16) of the Toy Safety Directive read in conjunction with Article 2(29) of the Ecodesign Directive (ESPR)), for example a QR code. The data carrier must be clearly visible on the toy, its packaging or the accompanying documents. Importers and distributors must verify that the digital product passport has been issued and that the data carrier has been affixed.

Mandatory content of the digital product passport includes, for example, the unique product identifier, the manufacturer/economic operator ID, references to all relevant Union legislation, CE marking and allergenic fragrances subject to labelling requirements. The instructions for use, safety information and warnings can be stored optionally.

A compliant digital product passport is a prerequisite for placing toys on the market (Article 7(2)). Manufacturers must retain this technical documentation for ten years after placing the product on the market (Article 7(3) and Article 19(2)(g)). In addition, before the product is placed on the market, the unique product identifier and the identifier of the respective economic operator must be uploaded to the digital product passport registry (Article 22(1)).

3) Stricter chemical requirements

The chemical requirements in Annex II, Part III of the Toy Safety Regulation have been significantly tightened. In addition to the existing prohibition on CMR substances, bans now also apply to endocrine disruptors, respiratory and skin sensitisers, and substances toxic to a specific organ. In addition, the deliberate use of PFAS in toys, toy parts and components is prohibited; bisphenol provisions have also been tightened.

In future, toys must not have a biocidal function, be treated with one or more biocidal products, or intentionally contain such products.

The limit value for certain technically unavoidable fragrances has been lowered from < 100 mg/kg to < 10 mg/kg. Prohibited substances may be authorised by delegated acts based on opinions issued by the European Chemicals Agency (ECHA).

4) Online marketplaces and digital obligations

The provisions of the Toy Safety Regulation on online marketplaces and digital obligations require platform operators to actively contribute to toy safety in digital commerce. Non-compliant toys are also classified as “illegal content” within the meaning of Regulation (EU) 2022/2065 (“DSA”), which means that providers of online intermediary services are subject to the specific due diligence obligations set out in the Regulation.

The CE marking, warnings and the data carrier or web link to the digital product passport must be provided by economic operators and must be clearly visible, legible and easily accessible to consumers before purchase. In addition, the platforms are integrated into digital reporting, cooperation and information processes with economic operators and market surveillance authorities in order to identify, track and prevent risks, recalls and safety breaches efficiently.

5) Link to the General Product Safety Regulation (EU) 2023/988

Many of the regulatory changes for toys will not only apply from 2030 under the new Toy Safety Regulation but have already applied since 13 December 2024 under the General Product Safety Regulation (EU) 2023/988 (“GPSR”). Toys that do not meet the specific safety requirements or that meet them but still pose a risk to health or safety are considered “dangerous products”. Stricter recall obligations apply, with compensation measures for consumers and official reporting obligations in the event of accidents (see our article on the draft Toy Safety Regulation).

Conclusion

From 2030, the new EU Toy Regulation will introduce the digital product passport for toys. This is likely to be the most far‑reaching innovation of the revision for manufacturers because it entails the need to generate data flows along the supply chain which, to a large extent, do not yet exist. Even though the date of application may still appear a long way off, experience with other legal acts, such as the EUDR, shows that ensuring reliable data flows throughout supply chains is often more complex than initially assumed. By comparison, the substantive tightening, in particular of the chemical requirements, is likely to be less difficult for most manufacturers to manage, provided these can be passed on to upstream suppliers and the necessary analytical methods are available.