Summary

The EU Cyber Resilience Act (CRA) provides consumers with the right to enforce their rights through representative actions concerning infringements by economic operators that harm or may harm their collective interests.

Relevant CRA Provisions

Recitals: Recital (124)

Articles: Article 65

Detailed Explanation

Recital (124) and Article 65 of the CRA ensure that consumers can enforce their rights through representative actions if economic operators infringe upon the provisions of the CRA, thereby harming or potentially harming the collective interests of consumers. Directive (EU) 2020/1828, which allows for representative actions, is made applicable to such infringements. The amendments to Annex I of Directive (EU) 2020/1828 will be reflected in national transposition measures by Member States, though the adoption of these measures is not a condition for the Directive’s applicability. The applicability of Directive (EU) 2020/1828 to representative actions concerning CRA infringements will commence on 11 December 2027.

Obligations for Stakeholders

While the provided extracts do not explicitly outline obligations for specific stakeholders such as manufacturers, distributors, importers, or open-source software stewards regarding consumer rights and protections, it is implicit that economic operators must comply with the CRA’s provisions to avoid infringements that could lead to representative actions by consumers. Market surveillance authorities play a crucial role in ensuring compliance and may provide guidance and advice to economic operators on implementing the CRA.