Data regulation and cyber
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Cyber Resilience Act
Status: In draft
- Commission’s proposal published 15 September 2022
- Final text adopted by Parliament on 12 March 2024, see Corrigendum (reflecting the political agreement reached between Parliament and Council), formal endorsement by Council on 10 October 2024. Entry into force 20 days after publication in the Official Journal of the EU (likely Q4 2024)
- Application 36 months after entry into force (likely Q4 2027) of generally all rules of the CRA, with certain exceptions where obligations are applicable earlier: (1) 21 months after entry into force for the reporting obligations of manufacturers for incidents and vulnerabilities, (2) 18 months after entry into force for the establishment of national conformity assessment bodies
Summary
Horizontal regulation that covers all wired and wireless products connected to the internet and software.
Scope
- Applies to manufacturers, importers and distributers of wired and wireless products connected to the internet and software placed on the EU market
Key elements
- Obligations for manufacturers: essential cybersecurity requirements; mandatory vulnerability handling process for the expected product lifetime or 5 years (whichever is shorter); conformity assessment (either third party or self-assessment depending on criticality and risk class of the product), high-risk AI products will have to apply the conformity assessment from AI Act.; information /transparency obligation
- Due diligence obligations for importers and distributers: ensuring that products comply with essential cybersecurity requirements and bear the CE marking
Challenges
- Definition of hardware and software products that fall under the CRA is still being discussed
- Overlap with other Acts of the EU Digital Strategy
Key Freshfields contact(s):
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Dr. Theresa Ehlen Partner
Düsseldorf, Frankfurt am Main
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Dr. Christoph Werkmeister Partner
Düsseldorf
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Dr. Lutz Riede Partner
Vienna, Düsseldorf
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Andrew Austin Partner, Head of London Dispute Resolution
London