Recital 50 The general product safety regulation (GPSR)

This Regulation addresses 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; in a targeted manner. 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; might, however, pose other safety risks, that are not always related to cybersecuritymeans cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; but can be a consequence of a security breach. Those risks should continue to be regulated by relevant Union harmonisation legislationmeans Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies; other than this Regulation. If no Union harmonisation legislationmeans Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies; other than this Regulation is applicable, they should be subject to Regulation (EU) 2023/988 of the European Parliament and of the Council(²¹)Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).. Therefore, in light of the targeted nature of this Regulation, as a derogation from Article 2(1), third subparagraph, point (b), of Regulation (EU) 2023/988, Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI of Regulation (EU) 2023/988 should apply to 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; with respect to safety risks not covered by this Regulation, if those products are not subject to specific requirements laid down in Union harmonisation legislationmeans Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies; other than this Regulation within the meaning of Article 3, point (27), of Regulation (EU) 2023/988.