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OEM compliance

Whose name goes on the declaration.

The compliance detail behind the OEM overview: who applies for CE and whose name goes on the declaration, the EU GPSR responsible person, intellectual-property ownership, and the Amazon FBA gated-category paperwork.

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This page is the compliance detail behind the OEM and private-label overview: who applies for CE and whose name goes on the declaration, the EU GPSR responsible person, intellectual-property ownership, and the Amazon FBA gated-category paperwork.

Certifications: who applies, whose name goes on the declaration

This is the single most misunderstood part of a private-label relationship, and it is misunderstood in the direction that costs the brand money. A factory can give you test reports. It cannot give you your declaration of conformity, because the declaration is the statement of the party placing the product on the market under its own name — that is, you.

CE is a self-declaration by the manufacturer, not a certificate issued by an authority, which is what the Wikipedia entry CE marking describes and what the CE mark on a product actually asserts. So when a supplier offers to “give you the CE certificate”, the useful question is whose name is printed on the declaration. If it is the factory’s, it is not yours, and it will not survive the first customs query or marketplace review that asks who placed the product on the market.

Who holds which document, and whose name is printed on it
DocumentWho applies for itWhose name it carriesWhen you need it
CE Declaration of ConformityYou, as the brand placing it on the EU marketYoursBefore the first unit is sold in the EU or NI
Test reports behind the DoC (LVD, EMC, RoHS)The factory runs the tests; you hold the reportThe laboratory’s, with your model numberAt customs, at a marketplace review, at an audit
UKCA / UK DoCYou, for the GB marketYoursBefore the first unit is sold in Great Britain
REACH statement and SVHC declarationThe factory, against the material listThe factory’s, referencing your SKUAt onboarding for most EU retailers
FDA 21 CFR 177.2600 material complianceThe factory, for the materialThe factory’sFor US retail and marketplace listings
UN38.3 and IEC 62133The cell or pack makerThe battery maker’sBefore any lithium-powered unit flies or sails
EU GPSR responsible person declarationYou appoint one; the operator accepts in writingThe operator’s, shown on the product or its packagingBefore the first unit is placed on the EU market

The practical consequence: budget for certification as a cost of your own launch, not as something bundled with the goods. The parts a factory legitimately supplies — test reports, material declarations, MSDS, battery transport certificates — are the evidence your declaration rests on, and they should arrive as a document pack with the invoice, not as a PDF someone finds later.

The EU GPSR and the responsible person

Regulation (EU) 2023/988, the General Product Safety Regulation (see the regulation text on EUR-Lex), has applied across the EU since 13 December 2024 and replaced the General Product Safety Directive. For a private-label brand the two obligations that arrive first are documentary, and both have to be settled before packaging artwork is signed off rather than after.

Article 16 requires that a product may only be placed on the market if an economic operator established in the EU is responsible for the tasks listed in Article 4(3) of Regulation (EU) 2019/1020. That operator can be an EU manufacturer, an importer, or a representative appointed under a written mandate — and where none of those exists, a fulfilment service provider handling the goods.

An online marketplace is not automatically that operator merely because the product is listed on it. Article 16(3) then requires the operator’s name or registered trade mark and its postal and electronic address to appear on the product, the packaging, the parcel or an accompanying document; Article 19 adds a separate display duty for distance selling, where the offer itself has to show those details.

Two things follow for anyone briefing a factory. First, the address on the label is a launch blocker with a lead time: deciding it late means reprinting packaging. Second, the technical documentation has to be kept available to market surveillance authorities for ten years, which is a filing practice and not a document you can assemble in a week when someone asks. The Spanish-language version of this page is at /es/oem/compliance/.

IP: design, trademark, packaging artwork

Three different kinds of property get conflated in a manufacturing brief, and only one of them is usually discussed. The design is the shape and mechanism, protected by a registered design or a patent if anyone bothered. The trademark is your brand name and logo. The artwork is the packaging — and it is the one most often lost, because it is the one nobody thinks of as property.

What to put in writing, in order: an NDA before the first drawing is sent, covering the artwork and the source files as well as the product; a clear statement of who owns the design, which for ODM means the manufacturer unless the IP is purchased; the packaging artwork and dielines delivered back to you as editable source files on final payment; and a trademark registered in the markets you actually sell into, in your name. A flattened PDF of your carton is not ownership of a design, it is a picture of one, and a printer in another country cannot rebuild a dieline from it.

Amazon FBA readiness and gated categories

Sexual wellness is a gated category in most marketplaces, which means approval before listing rather than listing and hoping. The application is a document exercise: a commercial invoice from the supplier, test reports that match the product, and images that match the ASIN. The most common rejection is not a policy problem, it is a paperwork mismatch — a model number on the invoice that does not match the listing, or a test report covering a different variant.

Two details worth building into the packaging rather than fixing later. The manufacturer field on the listing is your company as the brand owner, not the factory, and a listing that names the factory invites a duplicate-listing dispute later. And the packaging itself has to be opaque, non-explicit and compliant with the marketplace’s adult-product rules, with a suffocation warning on any poly bag. Order the document pack and the cartons at the same time so the invoice, the carton and the ASIN agree with each other, because that agreement is what the reviewer is actually checking.

Compliance questions before you place a first order

Who applies for CE and whose name is on the declaration, the EU GPSR responsible person, intellectual-property ownership in an ODM arrangement, and the Amazon FBA gated-category documents.

Who is responsible for CE certification, and whose name goes on the declaration?

Under EU product law a company that places a product on the market under its own name or trademark is treated as the manufacturer, so the Declaration of Conformity carries your name and address, not the factory’s — see the Wikipedia entry CE marking, which is also clear that CE is a self-declaration by the manufacturer and not a certificate issued by an authority. What a factory supplies is the evidence the declaration rests on: test reports, a technical file, material compliance, a risk analysis. If a supplier offers to "give you the CE certificate", ask whose name is printed on it. If the answer is theirs, it is not your declaration.

Can I get exclusivity on this design, and for how long?

Only on something that is yours. Under an ODM agreement the manufacturer generally keeps the design unless the intellectual property is explicitly purchased — the Wikipedia entry Original design manufacturer puts it plainly: unless one explicitly purchases the IP, the manufacturer retains it, which means it can sell the same product to your competitors. Exclusivity is therefore a contract term, not a feature of the product: it is written as a design, a territory, a period and a volume commitment, and it is priced accordingly. A stock SKU cannot be made exclusive at any volume, because it is already on other brands’ shelves.

Do you sign an NDA before I share CAD files and packaging artwork?

Yes, and it is signed before the first drawing is sent rather than after a price is agreed. What the NDA should cover, and often does not: the packaging artwork and dielines as well as the product, the source files as well as the exports, and a clear statement of who owns the artwork once the project ends. Ask for the artwork back as editable source files on final payment — a flattened PDF is not ownership of a design, it is a picture of one.

Is Amazon Sexual Wellness a gated category, and what documents will I need?

It is gated in most marketplaces, which means approval before listing rather than listing and hoping. The application usually asks for a commercial invoice from a supplier, test reports matching the product, and images that match the ASIN, and the single most common rejection is a document set whose model number does not match the listing. On the listing itself, the manufacturer field is your company — the brand owner — and not the factory. Build the document pack at the same time as the packaging, because the invoice and the carton have to agree with each other and with the ASIN.

Whose name goes on the declaration

Back to the OEM overview →

Compliance is a chain of named responsibilities, not a single certificate: the brand holds the CE declaration, the operator accepts the GPSR responsible-person role, and the factory holds the test reports behind both. The operations literature treats that distribution of liability as the central fact of a supply chain rather than a formality [Heizer, 2023], and the logistics view is that the network behaves as the contracts say it does, not as the quotation implies [Christopher, 2016].

Sources cited