Article 59 Joint activities of market surveillance authorities

Market surveillance authoritiesmeans a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may agree with other relevant authorities to carry out joint activities aimed at ensuring cybersecuritymeans cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; and the protection of consumersmeans a natural person who acts for purposes which are outside that person’s trade, business, craft or profession; with respect to specific products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; placed on the market or made available on the market, in particular products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; that are often found to present cybersecurity risksmeans the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident;.

The Commission or ENISA shall propose joint activities for checking compliance with this Regulation to be conducted by market surveillance authoritiesmeans a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; based on indications or information of potential non-compliance across several Member States of products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; that fall within the scope of this Regulation with the requirements laid down in this Regulation.

The market surveillance authoritiesmeans a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; and, where applicable, the Commission, shall ensure that the agreement to carry out joint activities does not lead to unfair competition between economic operatorsmeans the manufacturer, the authorised representative, the importer, the distributor, or other natural or legal person who is subject to obligations in relation to the manufacture of products with digital elements or to the making available of products with digital elements on the market in accordance with this Regulation; and does not negatively affect the objectivity, independence and impartiality of the parties to the agreement.

A market surveillance authoritymeans a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may use any information obtained as a result of the joint activities carried out as part of any investigation that it undertakes.

The market surveillance authoritymeans a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; concerned and, where applicable, the Commission, shall make the agreement on joint activities, including the names of the parties involved, available to the public.