Summary

The Cyber Resilience Act (CRA) has significant implications for cross-border data transfers, particularly concerning the conformity assessment and market surveillance of products with digital elements. This article examines the regulatory considerations and potential compliance challenges for organizations operating across different jurisdictions under the CRA.

Relevant CRA Provisions

Detailed Explanation

The CRA aims to ensure a high level of cybersecurity for products with digital elements, including those that involve remote data processing solutions. Recital (11) defines remote data processing solutions as those designed and developed by or on behalf of the manufacturer, necessary for the product’s functions. Recital (12) clarifies that cloud solutions constitute remote data processing only if they meet the CRA’s definition, such as cloud-enabled functionalities provided by the manufacturer. Recital (32) emphasizes the synergy between the CRA and the General Data Protection Regulation (GDPR), highlighting the importance of data protection by design and by default. Recital (123) discusses the Union’s efforts to promote international trade through Mutual Recognition Agreements (MRAs) for conformity assessment, which can facilitate cross-border data transfers for products regulated under the CRA. Article 34 allows the Union to conclude MRAs with third countries to promote and facilitate international trade. Article 53 grants market surveillance authorities access to necessary data and documentation to assess product conformity, which may involve cross-border data transfers. Article 63 addresses the confidentiality of information obtained during the application of the CRA, ensuring that sensitive data, including intellectual property and trade secrets, is protected during cross-border exchanges.

Obligations for Stakeholders

Manufacturers, Distributors, Importers: Must ensure that products with digital elements comply with the essential cybersecurity requirements, including those involving remote data processing solutions. They must facilitate access to necessary data and documentation for market surveillance authorities, while ensuring the confidentiality of sensitive information.

Open Source Software Stewards: Need to understand the implications of the CRA on their projects, particularly concerning remote data processing and the support periods for products with digital elements.

Organizations Operating Across Jurisdictions: Must navigate the complexities of cross-border data transfers, ensuring compliance with both the CRA and other relevant regulations, such as the GDPR. They should be aware of the potential for MRAs to simplify conformity assessment processes in different jurisdictions.