Source: OJ L 2024/2847, 20.11.2024
ENRecital 44 Class I and II of important products
Certain 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; should be subject to stricter conformity assessment means the process of verifying whether the essential cybersecurity requirements set out in Annex I have been fulfilled; procedures, while keeping a proportionate approach. For that purpose, important 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; should be divided into two classes, reflecting the level of cybersecurity risk 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; linked to those categories of products. An incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; involving important 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 under class II might lead to greater negative impacts than an incident means an incident as defined in Article 6, point (6), of Directive (EU) 2022/2555; involving important 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 under class I, for instance due to the nature of their cybersecurity-related function or the performance of another function which carries a significant risk 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; of adverse effects. As an indication of such greater negative impacts, 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 under class II could either perform a cybersecurity-related functionality or another function which carries a significant risk 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; of adverse effects that is higher than for those listed in class I, or meet both of the aforementioned criteria. Important 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 under class II should therefore be subject to a stricter conformity assessment means the process of verifying whether the essential cybersecurity requirements set out in Annex I have been fulfilled; procedure.