Article 28 EU declaration of conformity


    1. The EU declaration of conformity shall be drawn up by manufacturers 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; in accordance with Article 13(12) and state that the fulfilment of the applicable essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in Annex I has been demonstrated.

    1. The EU declaration of conformity shall have the model structure set out in Annex V and shall contain the elements specified in the relevant conformity assessment means the process of verifying whether the essential cybersecurity requirements set out in Annex I have been fulfilled; procedures set out in Annex VIII. Such a declaration shall be updated as appropriate. It shall be made available in the languages required by the Member State in which 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; is placed on the market or made available on the market.

    2. The simplified EU declaration of conformity referred to in Article 13(20) shall have the model structure set out in Annex VI. It shall be made available in the languages required by the Member State in which 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; is placed on the market or made available on the market.

    1. Where 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; is subject to more than one Union legal act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union legal acts. That declaration shall contain the identification of the Union legal acts concerned, including their publication references.

    1. By drawing up the EU declaration of conformity, 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; shall assume responsibility for the compliance 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;.

    1. The Commission is empowered to adopt delegated acts in accordance with Article 61 to supplement this Regulation by adding elements to the minimum content of the EU declaration of conformity set out in Annex V to take account of technological developments.

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Springflod is a Swedish boutique consultancy firm specialising in cyber security within the financial services sector.

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

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