EU: Ten legal developments that manufacturers of electrical products should keep an eye on

Regarding product compliance

Do you also feel that you are slowly losing track of the new EU regulations? Our team of experts has put together a brief overview of the latest developments in the EU, including helpful hints. Let's use 2023 to prepare for 2024.

 

01.

So now there is Delegated Regulation (EU) 2022/30, which makes cybersecurity mandatory for radio equipment, but for which the necessary standards of CEN/CLC/JTC13/WG8 are missing.

Attention: Here the involvement of the Notified Body becomes very likely!

» Go to the amendment of the Radio Equipment Directive 2014/53/EU 

 

02.

We already see the Cyber Resilience Act (CRA) on the horizon, which is supposed to create a regulation for all products with digital elements, regardless of whether these are radio equipment or not.

Note: It appears that the Radio Equipment (EU) 2022/30 regulations are to be transitioned into the Cyber Resilience Act (CRA) at some point.

» Go to the Cyber Resilience Act

 

03.

Then there's the Cybersecurity Act (CSA), passed in 2019, with voluntary cybersecurity certification of information and communications technology.

Beware: there will be future pieces of legislation that will make this certification mandatory.

» Go to the Cybersecurity Act

 

04. 

The previous regulations on "Critical Infrastructures" are significantly expanded with the NIS-2 Directive (EU) 2022/2555. There are now not only "Essential" but also "Important Facilities".

Note: "Major facilities" can then also be defined as the manufacture of machinery or medical devices (other critical sectors).

» Go to the NIS-2 Directive

 

05.

The debate on the content of an eIDAS Regulation is currently determining the future of a uniform proof of identity for the digital age (European ID wallet).

Attention: It is becoming apparent that this digital proof of identity will also play a role in product compliance.

» Go to the eIDAS Regulation 

 

06. 

We already have two concrete designs of the Digital Product Passport (DPP) at hand, one for batteries and one for "Sustainable Products".

Attention: There is no uniform (horizontal) Digital Product Passport (DPP) yet. It will come, it's just a matter of time.

» Go to the Digital Product Passport (DPP)

 

07.

The previous Battery Directive (BattRL 2006/66/EC) focused primarily on the exploitation phase of batteries. In contrast, the proposed Battery Regulation (BattVO) takes into account aspects such as sustainability, cycle orientation, performance and safety of batteries throughout their life cycle.

Note: In addition to the vehicle battery, the "device battery" is now also specifically defined.

» Go to the Battery Regulation 

 

08.

While we're on the subject of circularity, let's talk about the draft New Ecodesign Regulation, which springs from the EU's Circular Economy Action Plan. So we are moving from the currently regulated "energy-related products" (2009/125/EC) to "sustainable products".

Note: A definition of "sustainable products" significantly expands the scope of regulated products. 

» Go to the Ecodesign Regulation

 

09.

The proposed EU AI Act establishes new safeguards to protect individuals from harmful interference by an Artificial Intelligence (AI). Prohibited practices include: subliminally influencing individuals, using real-time biometric remote identification systems. There are specific requirements in it for "high risk" systems.

Note: The "large generative AI models" (LGAIMs) of general purpose regulated here, can be used for a thousand purposes. At least one of them will virtually always be high risk. High-risk applications may include employment, medical, credit scoring, administrative, and law enforcement.

» Go to the EU AI Act 

 

10.

In order to protect minorities on social networks (hate speech), prevent illegal content, and restrict the use of sensitive personal data for targeted advertising, the Digital Services Act (DSA) was enacted.

Note: The content moderation described in the DSA could be expanded to include AI output in the future.

» Go to the Digital Services Act

 

If you have any questions or need to talk specifically about these laws or about product compliance in the EU in general, please feel free to contact our team of experts!

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