Source: OJ L 2024/2847, 20.11.2024

Current language: EN

Article 53 Access to data and documentation


Summary What does Article 53 of the CRA regulation say?

This is a notably brief but practically significant article within the market surveillance framework of the regulation.

It establishes the access rights of market surveillance authorities when they need to assess whether a product with digital elements and its manufacturer's processes actually meet the essential cybersecurity requirements set out in Annex I.

Rather than defining enforcement powers or penalties, this article focuses specifically on the informational access that underpins any meaningful compliance evaluation, granting authorities the ability to look inside the economic operator's operations.

Important points:

  • Market surveillance authorities are granted access, upon a reasoned request, to all data necessary to assess the design, development, production, and vulnerability handling of a product with digital elements.
  • This access right extends to internal documentation held by any relevant economic operator, not just the manufacturer.
  • The data must be provided in a language easily understood by the market surveillance authority making the request.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

Where necessary to assess the conformity of products with digital elements and the processes put in place by their manufacturers with the essential cybersecurity requirements set out in Annex I, the market surveillance authorities shall, upon a reasoned request, be granted access to the data, in a language easily understood by them, required to assess the design, development, production and vulnerability handling of such products, including related internal documentation of the relevant economic operator.

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We offer professional services concerning information security governance, risk and compliance.

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