After over a year from the European Commission’s proposal[i] for a new Cyber Resilience Act for protection of consumers and businesses from (digital) products, which contain inadequate security features, through the introduction of mandatory requirements, a political agreement[ii] has now been reached effective as of 1 December 2023 between the other two legs of the Trilogue, namely the European Parliament and the Council.
The rather comprehensive proposal is set to cover both hardware and software products which may entail varying levels of risk and therefore requiring different security measures. As a result, the type of conformity assessment per product is set to be adapted to respective risk level.
Consequentially, manufacturers of hardware and software, developers and distributors aiming to import and offer their products on the EU market, will essentially have to implement cybersecurity measures across the entire lifecycle of their products, from design and development stages to after placement on the market. Specifically, not only those that are sold to end users and consumers, but also those used in companies for production, sourced as precursors and further processed, or those forming part of supply chains.
Notably, those products that are already covered by other existing EU legislation, such as the scope of the NIS2 Directive, will be excluded.
In this context, compliance with the proposed legislation will essentially be rendered in the form of a CE marking which is an indication confirming that the products sold on the market of the European Economic Area (EEA) have been duly assessed to meet safety, health and environmental protection requirements.
Furthermore, manufacturers will be obliged to provide consumers with a precise length by which a given product would be expected to be utilised.
Applicable to all products that are connected directly or indirectly to another device or network, the proposed legislation will now have to be formally approved and expected to enter into force following its publication on the Official Journal.
Given that the EU serves as the most important sales market for many of the industries and sectors in Switzerland, the direct impact of the proposed legislation on Swiss actors and stakeholders is undeniable. Importantly, the Swiss exporters of those products that could be classified as “critical” within the meaning of the proposed text will have to firstly prove that the related digital components do meet the set security standards and to secondly submit conformity assessments as deemed necessary.