Selling Products in Germany – Obligations Before Your First Sale

Packaging, electrical equipment and batteries, product safety, tax and customs, online shop and trademark: which registrations and obligations foreign manufacturers and sellers must meet before selling in Germany.

Overview

Anyone selling products in Germany must meet many obligations before the first item is shipped. A missing registration can mean a sales ban: online marketplaces block listings, competitors send cease-and-desist letters and authorities impose fines.

This checklist is for manufacturers and sellers based outside Germany that sell goods to businesses or consumers in Germany, whether through their own online shop, marketplaces or distributors. It shows which obligations apply, who must fulfil them and in which order you should proceed.

Who is the "producer"?

Many obligations apply not only to the actual manufacturer. Under German packaging, electrical equipment and battery law, the producer is generally whoever first makes the goods available in Germany. This includes in particular:

• importers bringing goods into Germany from abroad,
• foreign online sellers delivering directly to customers in Germany,
• sellers distributing products under their own brand.

Online marketplaces and fulfilment service providers must check whether their sellers are registered. If not, they may not offer or ship the goods. In practice, registration is therefore a prerequisite for any marketplace sale.

Packaging

Since 12 August 2026, the EU Packaging and Packaging Waste Regulation (PPWR) and the German Packaging Law Implementation Act (VerpackDG) apply. The LUCID packaging register of the Central Agency Packaging Register remains in place.

• Register in the LUCID packaging register before first making packaging available, including all brands (§ 6 VerpackDG)
• Appoint an authorised representative in Germany if you have no establishment there (§ 5 VerpackDG), with a written power of attorney in German
• Conclude a contract with a dual system for packaging that ends up with private end consumers, including shipping boxes and filling material
• Report packaging quantities regularly to LUCID and the dual system

Electrical equipment and batteries

Electrical and electronic equipment and batteries may only be offered if the producer is registered with the Stiftung Elektro-Altgeräte Register (stiftung ear). This also applies to batteries built into devices.

Product group	Obligations	Legal basis
Electrical and electronic equipment	Registration before offering; registration number (WEEE reg. no.) on offers and invoices; authorised representative for producers without an establishment in Germany; insolvency guarantee for household devices; crossed-out wheeled bin symbol	Electrical and Electronic Equipment Act (ElektroG), in particular §§ 6, 8
Batteries and rechargeable batteries	Registration before making available; authorised representative for producers without an establishment in Germany; for portable batteries, appointment of a producer responsibility organisation; labelling under the EU Batteries Regulation	EU Batteries Regulation (EU) 2023/1542, Battery Law Implementation Act (BattDG) since 7 October 2025

Since 18 August 2026, additional labelling requirements apply to portable batteries, including information on capacity and minimum lifetime.

Product safety and conformity

Since 13 December 2024, the EU General Product Safety Regulation (GPSR, Regulation (EU) 2023/988) applies to consumer products. For many products, specific EU rules with CE marking apply in addition.

1. Identify the applicable rules
   Check which legislation applies to your product, for example for electrical equipment, radio equipment, machinery, toys or medical devices. If no specific rules apply, the GPSR applies.
2. Appoint a responsible economic operator in the EU
   A product may only be placed on the market if an economic operator established in the EU is responsible for it: the manufacturer, importer, authorised representative or fulfilment service provider (Art. 16 GPSR). Its contact details must appear on the product or packaging.
3. Demonstrate conformity
   Carry out a risk analysis, prepare technical documentation and test reports and, where required, issue the EU declaration of conformity. Documents must generally be kept for ten years.
4. Label and inform
   Affix type, batch or serial number, manufacturer details and, where applicable, the CE marking. Instructions for use and safety information must be provided in German.

Specific product groups

Product group	Additional obligations
Food	Labelling in German under the Food Information Regulation (FIC); registration as a food business operator
Cosmetics	Responsible person in the EU; notification in the EU Cosmetic Products Notification Portal (CPNP) before placing on the market
Textiles	Fibre composition labelling under the Textile Regulation (EU) No 1007/2011
Radio equipment	CE marking under the Radio Equipment Directive; since 1 August 2025 also cybersecurity requirements for connected devices
Toys	CE marking, testing under the relevant standards, warnings in German
Chemicals and articles	Importer's REACH obligations, labelling under the CLP Regulation, information on substances of very high concern
Medical devices	Conformity assessment and CE marking under the Medical Device Regulation (MDR); authorised representative in the EU for non-EU manufacturers

Tax and customs

VAT

Situation	VAT consequence
Sales to businesses in Germany from another EU state	Generally a VAT-exempt intra-Community supply; verify the customer's VAT ID and file a recapitulative statement
Shipping to consumers from another EU state	Up to €10,000 of distance sales to all EU states combined, the VAT of the country of origin applies; above that, German VAT, reportable via the One-Stop Shop (OSS) in your home state
Shipping to consumers from a non-EU country	For consignments up to €150, the Import One-Stop Shop (IOSS) is available; otherwise import VAT is due on importation
Goods stored in Germany (e.g. fulfilment warehouse)	VAT registration in Germany required; moving goods into the warehouse must be reported
Sales via online marketplaces	Marketplaces require proof of tax registration and may be liable for unpaid VAT (§ 25e UStG); for non-EU sellers, the marketplace is in some cases itself treated as the supplier

Customs

• Importing from non-EU countries requires an EORI number.
• Since 1 July 2026, a flat customs duty of €3 per item (six-digit tariff subheading) applies to consignments to consumers with a value of up to €150 (Regulation (EU) 2026/382). The rule applies initially until 1 July 2028.
• Above that value, the regular customs tariff applies; proofs of origin may allow preferential duty rates.

Selling online to consumers

German consumer law is strict, and violations are frequently challenged by competitors and associations through cease-and-desist letters. Before launching an online shop or marketplace listing, check the following:

• Legal notice (Impressum) with full provider details (§ 5 Digital Services Act, DDG)
• Withdrawal notice and model withdrawal form in the version applicable since 19 June 2026
• Electronic withdrawal function ("withdrawal button", § 356a BGB)
• Order button labelled "zahlungspflichtig bestellen" (order with obligation to pay) or equivalent (§ 312j BGB)
• Prices including VAT, shipping costs and, where applicable, unit prices (Price Indication Ordinance)
• General terms and conditions and customer information in German
• Privacy policy and cookie consent under the GDPR and TDDDG
• Accessibility of the online shop (Accessibility Strengthening Act, since 28 June 2025)
• Information on statutory warranty rights and delivery times

Trademark and product name

Before selling under a brand, check whether third parties hold earlier rights in Germany or the EU. A conflict can lead to injunctions, damages claims and destruction of goods.

• searches in the registers of the German Patent and Trade Mark Office (DPMA), the EU Intellectual Property Office (EUIPO) and TMview,
• filing an EU trademark or extending an international registration to the EU,
• registering the brand with marketplace brand programmes to better control third-party listings.

Checklist and typical mistakes

The following order has proven effective before the first sale in Germany:

• Classify the product: which product, packaging, electrical and battery rules apply
• Appoint a responsible economic operator in the EU and, where required, authorised representatives in Germany
• Register in LUCID and conclude a contract with a dual system
• Register with stiftung ear for electrical equipment and batteries
• Conformity assessment, technical documentation and CE marking where applicable
• Labelling, instructions for use and safety information in German
• Clarify VAT registration or OSS/IOSS, apply for an EORI number
• Include customs duties and the flat-rate duty in your pricing
• Prepare legal notice, terms, withdrawal notice, withdrawal button and privacy policy
• Carry out a trademark search and file the trademark
• Enter registration numbers and manufacturer details in marketplace listings

Typical mistakes in practice

• Shipping starts before registration in LUCID or with stiftung ear; the marketplace blocks the listings.
• Shipping packaging is not licensed with a dual system because only the product packaging was considered.
• Built-in rechargeable batteries are overlooked, although they too must be registered.
• No responsible economic operator in the EU is named for products from non-EU countries.
• Instructions and warnings are available only in English.
• Goods are stored in a German fulfilment warehouse without VAT registration in Germany.
• Shop texts are copied from other countries and do not comply with German consumer law.

How WYN LEGAL can help

WYN LEGAL supports foreign manufacturers and sellers entering the German market, legally and from a tax perspective and in German, English, Portuguese and Hungarian. This includes reviewing registration and labelling obligations, drafting terms, withdrawal notices and legal notices, VAT registration and ongoing filings, and coordinating with authorised representatives, testing bodies and customs agents.

This checklist provides a general overview of the legal position as of November 2026. It does not replace advice on individual cases. Laws, deadlines and administrative practice change; no liability is accepted for accuracy in any specific case.