Suggestions for the European Commission's Cyber Resilience Act Proposal
The European Commission has outlined five broad policy options as part of its Cyber Resilience Act (CRA) initiative, aimed at bolstering cybersecurity for digital products. The CRA aims to work in harmony with existing legislation like the Cybersecurity Act and the Directive on the security of Network Information Systems.
- Harmonized Rules and Cybersecurity Requirements
This policy option proposes a unified EU framework for manufacturers, developers, distributors, and importers of digital products. The benefits include a consistent cybersecurity approach throughout the product lifecycle, addressing planning, design, development, maintenance, and establishing obligations at each value chain stage. However, implementing harmonized rules may increase compliance costs, particularly for small companies, and requires capacity building among member states for enforcement.
- Mandatory Security Updates and Incident Reporting
Automatic security updates by default and mandatory incident reporting to national Computer Security Incident Response Teams (CSIRTs) are key aspects of this policy. The benefits include reduced vulnerabilities and timely patching, benefiting end-users and the broader ecosystem. However, some stakeholders have raised concerns about removing time obligations for product lifetime support, potentially weakening long-term security commitments.
- Simplification and Tailoring of Regulations for Connected Devices
This policy option suggests reducing complexity by limiting product categories subject to strict regulations, easing compliance for businesses, notably Small and Medium Enterprises (SMEs), without compromising security. However, narrowing the product scope risks leaving some devices insufficiently regulated, potentially creating security gaps.
- Conformity Assessment Tiers Based on Product Risk
The CRA introduces three applicability categories with escalating conformity assessments—from self-assessment to third-party evaluations—tailored to product risk levels. The system's benefits include optimizing regulatory burden relative to cybersecurity impact. However, the system's complexity may confuse smaller manufacturers, and misclassification poses a risk if higher-risk products receive insufficient review.
- Phased Implementation and Enforcement Timeline
This policy option suggests a gradual build-up of regulatory readiness, with early application of key provisions and full enforcement commencing by the end of 2027. The benefits include balancing ambition with feasibility. However, prolonged transitional periods may delay security benefits realization, and early adopters may face uneven competition.
The successful implementation of these policy options hinges on clear regulatory definitions, supportive measures for smaller entities, phased enforcement, and impact assessments to align market readiness and enforcement capacity. The European Union (EU) can play an important role in bolstering cybersecurity practices, given the predicted cost of global cybercrime reaching $10.5 trillion by 2025.
The Center for Data Innovation has submitted feedback on the European Commission's consultation for the Cyber Resilience Act initiative, serving as a response to the Commission's call for evidence for its impact assessment. Continuous stakeholder consultations can refine technical specifications and improve preparedness, ensuring the CRA's goals of improving cybersecurity by addressing gaps in the existing regulatory framework for digital products and services are met.
- The Center for Data Innovation, in its response to the European Commission's consultation for the Cyber Resilience Act (CRA) initiative, has emphasized the need for clear regulatory definitions. This is crucial for ensuring a comprehensive understanding of the cybersecurity regulations applicable to digital products.
- To address the concerns of some stakeholders regarding the removal of time obligations for product lifetime support in the policy mandating automatic security updates and incident reporting, the European Commission could consider crafting policies that balance long-term security commitments with the need for regular updates.
- A key aspect of the Cyber Resilience Act's success will be the development of policies that support smaller entities as they navigate the growing complexities of AI, data, and technology-driven cybersecurity landscapes. This may involve tailoring regulations for Connected Devices and implementing phased enforcement timelines to align market readiness and enforcement capacity within member states.
