Designed by directive: How EU law is increasingly shaping product design

In this episode of DLA Piper’s ‘Better Contracts’ podcast series, Thilo von Bodungen catches up with Michael Twomey and Richard Sterneberg to explore how EU legislation is increasingly dictating the way that products are designed.

The discussion examines the policy drivers behind this regulatory shift, the growing body of legislation that imposes design-related requirements, and the practical challenges – and potential opportunities – that businesses face in navigating a fast-evolving compliance landscape.

Driving the change

The panel kicks off with a look at how the EU's policy objectives around sustainability, consumer safety and competitiveness in the face of cheaper non-EU products are forcing a shift to 'compliance by design'. New EU rules often define what a product must be, rather than simply how it is marketed or labelled.

The discussion moves on to the current wave of EU legislation that is having the most impact on product design, which is predominantly legislation intended to safeguard the environment and reduce waste (e.g. the Ecodesign for Sustainable Products Regulation, the Right to Repair Directive, and the Packaging and Packaging Waste Regulation) and to protect consumers and ensure that only safe products are placed on the EU market (e.g. the General Product Safety Regulation and the new Product Liability Directive).

Practical impact

The panel highlights the implications of the new legislation, including:

• design constraints (e.g. certain products must be capable of disassembly and repair, making sealed and non-replaceable components an issue);

• the need to update relevant supply chain contracts to ensure contractual obligations align with legal responsibilities;
• greater risk of supply chain disputes and product liability claims, as enforcement intensifies and collective redress expands;
• the introduction of the Digital Product Passport; and
• that the scope of products caught by the legislation is expected to expand over time, requiring continuous monitoring.

The legislation has an impact beyond the design stage and can affect the entire supply chain from sourcing of raw materials through manufacturing, labelling and distribution to end-of-life disposal. Since it applies to products placed on the EU market, it will catch companies based outside the EU that sell to EU customers.

While the regulatory burden is significant, there are also strategic opportunities arising from this regulatory shift, including alignment with increasing consumer demand for sustainable products and growth in associated new markets (notably for product repair and spare parts).

Navigating the changes

With EU product regulation becoming a core design input, manufacturers must treat compliance as an integral part of product development. The podcast concludes with a discussion of the consequences of non-compliance and how businesses can navigate this evolving landscape, including practical considerations for legal and commercial teams.

You can listen to the podcast and find out more about the other podcasts in the series here.

Further reading:

• Horizon – News and Trends in Sustainability Law | May 2026 | DLA Piper
• Ecodesign and Right to Repair: Implications for risk and liabilities | DLA Piper
• New Regulations (GPSR) Reshape the Product Safety Landscape | DLA Piper
• The EU Product Liability Directive and growing product liability risk worldwide | DLA Piper
• Product regulation and compliance update series | DLA Piper