Summary

The EU Cyber Resilience Act (CRA) interacts with various other EU regulations, including the General Data Protection Regulation (GDPR) and the NIS Directive, to enhance cybersecurity and data protection. This article explains the synergies and potential conflicts between the CRA and these regulations, providing clarity on compliance requirements.

Relevant CRA Provisions

Recitals: Recital (32), Recital (123)

Articles: Article 2, Article 60, Article 65

Detailed Explanation

The CRA aims to ensure the cybersecurity of products with digital elements by setting essential cybersecurity requirements. It interacts with other EU regulations to create a comprehensive framework for cybersecurity and data protection. For instance, Recital (32) highlights the synergy between the CRA and the GDPR, emphasizing that the CRA’s requirements contribute to enhancing the protection of personal data and privacy. The GDPR’s provisions on data protection by design and by default align with the CRA’s cybersecurity requirements.

Recital (123) discusses the potential for Mutual Recognition Agreements (MRAs) with third countries to facilitate trade in regulated products, including those with digital elements. This shows the CRA’s intent to promote international cooperation in cybersecurity.

Article 2 outlines the scope of the CRA, specifying that it applies to products with digital elements unless they are covered by other Union legal acts like Regulation (EU) 2017/745, Regulation (EU) 2017/746, or Regulation (EU) 2019/2144. This prevents overlap and ensures that the CRA complements rather than conflicts with existing regulations.

Article 60 mandates market surveillance authorities to conduct sweeps to check compliance with the CRA. These sweeps may be coordinated by the Commission and can include inspections of products acquired under a cover identity. This provision ensures robust enforcement of the CRA’s requirements.

Article 65 applies Directive (EU) 2020/1828 on representative actions to infringements of the CRA that harm consumers’ collective interests. This allows for collective redress in cases of non-compliance, enhancing the protection of consumers.

Obligations for Stakeholders

  • Manufacturers: Must ensure that products with digital elements comply with the CRA’s essential cybersecurity requirements. They should also be aware of synergies with other regulations like the GDPR to enhance data protection.
  • Market Surveillance Authorities: Required to conduct sweeps to check compliance with the CRA and may coordinate these actions with the Commission.
  • Consumers: Benefit from the enhanced cybersecurity and data protection provided by the CRA and can seek collective redress under Directive (EU) 2020/1828 for infringements.