Recital 13 Member states' ability to impose additional requirements

In line with the objective of this Regulation to remove obstacles to the free movement 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;, Member States should not impede, for the matters covered by this Regulation, the making available on the market means the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; 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; which comply with this Regulation. Therefore, for matters harmonised by this Regulation, Member States cannot impose additional cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements for the making available on the market means the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; 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;. Any entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;, public or private, can however establish additional requirements to those laid down in this Regulation for the procurement or use 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; for its specific purposes, and can therefore choose to use 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 meet stricter or more specific cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements than those applicable for the making available on the market means the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; under this Regulation. Without prejudice to Directives 2014/24/EU(⁷)Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). and 2014/25/EU(⁸)Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). of the European Parliament and of the Council, when procuring 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;, which must comply with the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements laid down in this Regulation, including those relating to vulnerability means a weakness, susceptibility or flaw of a product with digital elements that can be exploited by a cyber threat; handling, Member States should ensure that such requirements are taken into consideration in the procurement process and that the 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;’ ability to effectively apply cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; measures and manage cyber threats means a cyber threat as defined in Article 2, point (8), of Regulation (EU) 2019/881; are also taken into consideration. Furthermore, Directive (EU) 2022/2555 sets out cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; risk-management measures for essential and important entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; as referred to in Article 3 of that Directive that could entail supply chain security measures that require the use by such entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; 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; meeting stricter cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements than those laid down in this Regulation. In accordance with Directive (EU) 2022/2555 and in line with its minimum harmonisation principle, Member States can therefore impose additional cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements for the use of information and communications technology (ICT) products by essential or important entitiesas defined in Article 3 of Directive (EU) 2022/2555 pursuant to that Directive in order to ensure a higher level of cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881;, provided that such requirements are consistent with Member States’ obligations laid down in Union law. Matters not covered by this Regulation can include non-technical factors relating 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; and the 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; thereof. Member States can therefore lay down national measures, including restrictions on 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; or suppliers of such products that take account of non-technical factors. National measures relating to such factors are required to comply with Union law.