Summary

This article identifies common challenges businesses face when implementing the EU Cyber Resilience Act (CRA) and provides effective strategies and best practices to overcome these challenges.

Relevant CRA Provisions

Recital 32, Recital 51, Recital 109

Article 9, Article 12, Article 26, Article 33, Article 52, Article 60

Detailed Explanation

The CRA introduces stringent cybersecurity requirements for products with digital elements, including high-risk AI systems. Businesses often face challenges in understanding and complying with these requirements. Common challenges include interpreting complex regulations, ensuring compliance with both the CRA and other relevant Union laws, and managing the financial and technical resources needed for conformity assessments and market surveillance.

To address these challenges, the CRA provides several mechanisms. For instance, the Commission is required to publish guidance to assist economic operators, with a particular focus on microenterprises and small and medium-sized enterprises (SMEs) (Article 26). Member States are encouraged to undertake support measures tailored to the needs of microenterprises and SMEs, including awareness-raising, training activities, and establishing dedicated communication channels (Article 33). Additionally, the CRA allows for the establishment of cyber resilience regulatory sandboxes to facilitate the development and testing of innovative products in a controlled environment (Article 33).

Market surveillance authorities play a crucial role in ensuring compliance. They are responsible for conducting market surveillance activities, including sweeps to check compliance with the CRA (Article 60). These authorities must cooperate with national cybersecurity certification authorities, Computer Security Incident Response Teams (CSIRTs), and the European Union Agency for Cybersecurity (ENISA) (Article 52). They are also required to provide guidance and advice to economic operators and inform consumers of mechanisms to report vulnerabilities and incidents (Article 52).

Obligations for Stakeholders

  • Manufacturers: Must ensure their products with digital elements comply with the essential cybersecurity requirements, participate in conformity assessment procedures, and may use AI regulatory sandboxes for testing (Article 12).
  • Distributors and Importers: Must ensure that products they place on the market comply with the CRA and provide necessary documentation and information to market surveillance authorities.
  • Open Source Software Stewards: Must comply with specific obligations laid down in the CRA, including ensuring appropriate corrective actions are taken if non-compliance is found (Article 52).
  • Member States: Must designate market surveillance authorities, provide support measures for microenterprises and SMEs, and facilitate the establishment of regulatory sandboxes (Articles 33, 52).
  • Market Surveillance Authorities: Must conduct market surveillance activities, cooperate with other authorities, provide guidance to economic operators, and facilitate consumer reporting mechanisms (Article 52).
  • Commission: Must publish guidance, consult stakeholders, and facilitate the exchange of experience between market surveillance authorities (Articles 9, 26).