Source: OJ L 2024/2847, 20.11.2024
Recital 76 Vulnerability disclosure policy and bug bounty programmes
Manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; 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; should put in place coordinated vulnerabilitymeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; disclosure policies to facilitate the reporting of vulnerabilitiesmeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; by individuals or entities either directly to the manufacturermeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; or indirectly, and where requested anonymously, via CSIRTs designated as coordinatorsmeans a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. for the purposes of coordinated vulnerabilitymeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; disclosure in accordance with Article 12(1) of Directive (EU) 2022/2555. Manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge;’ coordinated vulnerabilitymeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; disclosure policy should specify a structured process through which vulnerabilitiesmeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; are reported to a manufacturermeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; in a manner allowing the manufacturermeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; to diagnose and remedy such vulnerabilitiesmeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; before detailed vulnerabilitymeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; information is disclosed to third parties or to the public. Moreover, manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; should also consider publishing their security policies in machine-readable format. Given the fact that information about exploitable vulnerabilitiesmeans a vulnerability that has the potential to be effectively used by an adversary under practical operational conditions; in widely used 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; can be sold at high prices on the black market, manufacturersmeans a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; of such products should be able to use programmes, as part of their coordinated vulnerabilitymeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; disclosure policies, to incentivise the reporting of vulnerabilitiesmeans a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; by ensuring that individuals or entities receive recognition and compensation for their efforts. This refers to so-called ‘bug bounty programmes’.