Article 52 Market surveillance and control of products with digital elements in the Union market

Regulation (EU) 2019/1020 shall apply to 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; that fall within the scope of this Regulation.

Each Member State shall designate one or more market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; for the purpose of ensuring the effective implementation of this Regulation. Member States may designate an existing or new authority to act as market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; for this Regulation.

The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated under paragraph 2 of this Article shall also be responsible for carrying out market surveillance activities in relation to the obligations for open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; laid down in Article 24. Where a market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; finds that an open-source software steward means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; does not comply with the obligations set out in that Article, it shall require the open-source software steward means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; to ensure that all appropriate corrective actions are taken. Open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; shall ensure that all appropriate corrective action is taken in respect of their obligations under this Regulation.

Where relevant, the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall cooperate with the national cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; certification authorities designated pursuant to Article 58 of Regulation (EU) 2019/881 and exchange information on a regular basis. With respect to the supervision of the implementation of the reporting obligations pursuant to Article 14 of this Regulation, the designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall cooperate and exchange information on a regular basis with the CSIRTs designated as coordinators means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. and ENISA.

The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may request a CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. or ENISA to provide technical advice on matters related to the implementation and enforcement of this Regulation. When conducting an investigation under Article 54, market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may request the CSIRT designated as coordinator means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. or ENISA to provide an analysis to support evaluations of compliance of 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;.

Where relevant, the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall cooperate with other market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated on the basis of Union harmonisation legislation means 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, and exchange information on a regular basis.

Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall cooperate, as appropriate, with the authorities supervising Union data protection law. Such cooperation includes informing those authorities of any finding relevant for the fulfilment of their competences, including when issuing guidance and advice pursuant to paragraph 10 if such guidance and advice concerns the processing of personal data means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;.

Authorities supervising Union data protection law shall have the power to request and access any documentation created or maintained under this Regulation when access to that documentation is necessary for the fulfilment of their tasks. They shall inform the designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; of the Member State concerned of any such request.

Member States shall ensure that the designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; are provided with adequate financial and technical resources, including, where appropriate, processing automation tools, as well as with human resources with the necessary cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; skills to fulfil their tasks under this Regulation.

The Commission shall encourage and facilitate the exchange of experience between designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020;.

Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; may provide guidance and advice to economic operators means 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; on the implementation of this Regulation, with the support of the Commission and, where appropriate, CSIRTscomputer security incident response teams and ENISA.

Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall inform consumers means a natural person who acts for purposes which are outside that person’s trade, business, craft or profession; of where to submit complaints that could indicate non-compliance with this Regulation, in accordance with Article 11 of Regulation (EU) 2019/1020, and shall provide information to consumers means a natural person who acts for purposes which are outside that person’s trade, business, craft or profession; on where and how to access mechanisms to facilitate reporting of vulnerabilities means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat;, incidents means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; and cyber threats means a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881; that may affect 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;.

Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall facilitate, where relevant, the cooperation with relevant stakeholders, including scientific, research and consumer means a natural person who acts for purposes which are outside that person’s trade, business, craft or profession; organisations.

The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall report to the Commission on an annual basis the outcomes of relevant market surveillance activities. The designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall report, without delay, to the Commission and relevant national competition authorities any information identified in the course of market surveillance activities that may be of potential interest for the application of Union competition law.

For 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; that fall within the scope of this Regulation which are classified as high-risk AI systems pursuant to Article 6 of Regulation (EU) 2024/1689, the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated for the purposes of that Regulation shall be the authorities responsible for market surveillance activities required under this Regulation. The market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated pursuant to Regulation (EU) 2024/1689 shall cooperate, as appropriate, with the market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated pursuant to this Regulation and, with respect to the supervision of the implementation of the reporting obligations pursuant to Article 14 of this Regulation, with the CSIRTs designated as coordinators means a CSIRT designated as coordinator pursuant to Article 12(1) of Directive (EU) 2022/2555. and ENISA. Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated pursuant to Regulation (EU) 2024/1689 shall in particular inform market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; designated pursuant to this Regulation of any finding relevant for the fulfilment of their tasks in relation to the implementation of this Regulation.

ADCO shall be established for the uniform application of this Regulation, pursuant to Article 30(2) of Regulation (EU) 2019/1020. ADCO shall be composed of representatives means a natural or legal person established in the Union explicitly designated to act on behalf of a DNS service provider, a TLD name registry, an entity providing domain name registration services, a cloud computing service provider, a data centre service provider, a content delivery network provider, a managed service provider, a managed security service provider, or a provider of an online marketplace, of an online search engine or of a social networking services platform that is not established in the Union, which may be addressed by a competent authority or a CSIRT in the place of the entity itself with regard to the obligations of that entity under this Directive; of the designated market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; and, if appropriate, representatives means a natural or legal person established in the Union explicitly designated to act on behalf of a DNS service provider, a TLD name registry, an entity providing domain name registration services, a cloud computing service provider, a data centre service provider, a content delivery network provider, a managed service provider, a managed security service provider, or a provider of an online marketplace, of an online search engine or of a social networking services platform that is not established in the Union, which may be addressed by a competent authority or a CSIRT in the place of the entity itself with regard to the obligations of that entity under this Directive; of single liaison offices. ADCO shall also address specific matters related to the market surveillance activities in relation to the obligations placed on open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products;.

Market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; shall monitor how 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; have applied the criteria referred to in Article 13(8) when determining the support period means the period during which a manufacturer is required to ensure that vulnerabilities of a product with digital elements are handled effectively and in accordance with the essential cybersecurity requirements set out in Part II of Annex I; of their 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;.

ADCO shall publish in a publicly accessible and user-friendly form relevant statistics on categories of 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;, including average support periods means the period during which a manufacturer is required to ensure that vulnerabilities of a product with digital elements are handled effectively and in accordance with the essential cybersecurity requirements set out in Part II of Annex I;, as determined 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; pursuant to Article 13(8), as well as provide guidance that includes indicative support periods means the period during which a manufacturer is required to ensure that vulnerabilities of a product with digital elements are handled effectively and in accordance with the essential cybersecurity requirements set out in Part II of Annex I; for categories of 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;.

Where the data suggests inadequate support periods means the period during which a manufacturer is required to ensure that vulnerabilities of a product with digital elements are handled effectively and in accordance with the essential cybersecurity requirements set out in Part II of Annex I; for specific categories of 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;, ADCO may issue recommendations to market surveillance authorities means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; to focus their activities on such categories of 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;.