Article 20 Obligations of distributors


    1. When making a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; available on the market, distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall act with due care in relation to the requirements set out in this Regulation.

    1. Before making a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; available on the market, distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall verify that:

      1. the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; bears the CE marking means a marking by which a manufacturer indicates that a product with digital elements and the processes put in place by the manufacturer are in conformity with the essential cybersecurity requirements set out in Annex I and other applicable Union harmonisation legislation providing for its affixing;;

      2. the manufacturer means 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; and the importer means a natural or legal person established in the Union who places on the market a product with digital elements that bears the name or trademark of a natural or legal person established outside the Union; have complied with the obligations set out in Article 13(15), (16), (18), (19) and (20) and Article 19(4), and have provided all necessary documents to the distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties;.

    1. Where a distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; considers or has reason to believe, on the basis of information in its possession, that a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; or the processes put in place by the manufacturer means 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; are not in conformity with the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in Annex I, the distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall not make the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; available on the market until that product or the processes put in place by the manufacturer means 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; have been brought into conformity with this Regulation. Furthermore, where the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; poses a significant cybersecurity risk means a cybersecurity risk which, based on its technical characteristics, can be assumed to have a high likelihood of an incident that could lead to a severe negative impact, including by causing considerable material or non-material loss or disruption;, the distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall inform, without undue delay, the manufacturer means 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; and the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; to that effect.

    1. Distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; who know or have reason to believe, on the basis of information in their possession, that a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, which they have made available on the market, or the processes put in place by its manufacturer means 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; are not in conformity with this Regulation shall make sure that the corrective measures necessary to bring that product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; or the processes put in place by its manufacturer means 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; into conformity, or to withdraw or recall means recall as defined in Article 3, point (22), of Regulation (EU) 2019/1020; the product, if appropriate, are taken.

    2. Upon becoming aware of a vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; in the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall inform the manufacturer means 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; without undue delay about that vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat;. Furthermore, where the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; presents a significant cybersecurity risk means a cybersecurity risk which, based on its technical characteristics, can be assumed to have a high likelihood of an incident that could lead to a severe negative impact, including by causing considerable material or non-material loss or disruption;, distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall immediately inform the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of the Member States in which they have made the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

    1. Distributors means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall, further to a reasoned request from a market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020;, provide all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; and the processes put in place by its manufacturer means 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; with this Regulation in a language that can be easily understood by that authority. They shall cooperate with that authority, at its request, on any measures taken to eliminate the cybersecurity risks means 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; posed by a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; which they have made available on the market.

    1. Where the distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; of a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; becomes aware, on the basis of information in its possession, that the manufacturer means 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 that product has ceased its operations and, as result, is not able to comply with the obligations laid down in this Regulation, the distributor means a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; shall inform, without undue delay, the relevant market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; about this situation, as well as, by any means available and to the extent possible, the users of the products with digital elements means 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.

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

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