Regulating Toys In The Digital Era

1. Introduction

On 26 November 2025, the new European Union Toy Safety Regulation (the "Regulation") was adopted. The Regulation replaces the Toy Safety Directive and applies directly to all Member States. The Regulation follows the European Parliament and Council Report, which identified:

i) shortcomings and inconsistencies in the provisions on chemicals;

ii) difficulties in market surveillance, particularly with regard to cross-border online trade;

iii) lack of indicators to adequately monitor the impact of the Directive,

iv) lack of information on companies; and

v) the need for better protection for toys with digital and connected elements. In the report, the rapporteur also proposed converting the directive into a regulation, given that it already functions as a de facto regulation.