Recital 92 Definition of 'production' for software (or non-tangible) products

While the creation of tangible 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; usually requires 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; to make substantial efforts throughout the design, development and production phases, the creation 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; in the form of software means the part of an electronic information system which consists of computer code; almost exclusively focuses on design and development, while the production phase plays a minor role. Nonetheless, in many cases software means the part of an electronic information system which consists of computer code; products still need to be compiled, built, packaged, made available for download or copied onto physical media before being placed on the market. Those activities should be considered to be activities amounting to production when applying the relevant conformity assessment means the process of verifying whether the essential cybersecurity requirements set out in Annex I have been fulfilled; modules to verify the compliance of the product with the essential cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; requirements set out in this Regulation across the design, development and production phases.