According to the Toy Safety Directive, toys must bear the CE marking before they are made available on the market. Manufacturers are entitled to affix the marking on their toys and third party verification is only necessary in exceptional cases.

There have been concerns about the reliability and necessity of the CE marking because of bad experiences specifically with toys. Consumers have voiced their concerns about whether there is any point in a marking that must be affixed to every toy. Products must in any case conform to all the relevant statutory requirements before they go on sale.