Now that products are getting more and more connected, the European Commission is looking how to create a legislative framework to make these products better resistant against cyber-attacks. This could be done by including cyber security requirements into directives and regulations of the New Legislative Framework (NLF). This framework sets mandatory product safety requirements that are necessary to put products on the EU market (CE marking).

The Radio Equipment Directive (RED) is the first Directive that is being considered for inclusion of cyber security requirements. The idea is to include the cyber security requirements through a delegated act on Internet-connected and wearable radio equipment. Such an act is a legally binding act that enables the Commission to supplement or amend non‑essential parts of EU legislative acts, for example, to define detailed measures.

Horizontal legislation to avoid patchworking

Euralarm supports an increased level of cyber security and a better protection for the consumers. With the Cybersecurity Act in place, the European Union Agency for Cybersecurity ENISA is now working on new certification schemes to cover a wider range of products, processes and services on all aspects of cyber security.

Putting aside the EU Cybersecurity Act and pursuing the “RED path” would bring a clear risk of overlaps and inconsistencies across European legislations, not only for radio equipment, but also for instance for low voltage equipment (LVD), machines (MD) and medical devices (MDR). It could result in legal uncertainty and significant impact in case of concurrent mandatory requirements and certification schemes. This would threaten European companies’ ability to compete across the Digital Single Market as well as globally, forcing them to misallocate scarce resources. Fearing a future patchwork of different legislations, the industry suggested a horizontal legislation for products.

Stay informed

Meanwhile the European Commission initiated a public consultation on two essential requirements. It concerns the safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected as well as certain features ensuring protection from fraud. This consultation laid down several proposals for the application of those 2 requirements to internet-connected radio-equipment and wearable radio-equipment. Based on the results of this consultation, the Commission mandated a consultancy firm to conduct an impact assessment study. In his report the contractor highlights that delegated acts are already mentioned in the RED and that they therefore should be preferred above legislation on cyber security which might take more time to develop. It is therefore unlikely that a horizontal cyber security-related legislation on products can still be developed in a short-term. The report adds that such a horizontal legislation could be considered at mid-term. Euralarm is presently supporting a proposal in this direction. The consultants also recommended that the European Standardisation Organisations should be mandated to pertain to the delegated acts. Both CEN-CENELEC and ETSI are now preparing themselves to get ready for this.

Euralarm recommends companies involved in the production of security equipment to stay informed on the development to ensure that the relevant technical aspects for fire safety and security equipment are embedded into the cyber security requirements.