Proposal 15.9.2022, Cyber Resilience Act

The Articles of the Cyber Resilience Act

Article 48 - Joint activities of market surveillance authorities

1. Market surveillance authorities may agree with other relevant authorities to carry out joint activities aimed at ensuring cybersecurity and protection of consumers with respect to specific products with digital elements placed or made available on the market, in particular products that are often found to present cybersecurity risks.

2. The Commission or ENISA may propose joint activities for checking compliance with this Regulation to be conducted by market surveillance authorities based on indications or information of potential non-compliance across several Member States of products falling in the scope of this Regulation with the requirements laid down by the latter.

3. The market surveillance authorities and the Commission, where applicable, shall ensure that the agreement to carry out joint activities does not lead to unfair competition between economic operators and does not negatively affect the objectivity, independence and impartiality of the parties to the agreement.

4. A market surveillance authority may use any information resulting from the activities carried out as part of any investigation that it undertakes.

5. The market surveillance authority concerned and the Commission, where applicable, shall make the agreement on joint activities, including the names of the parties involved, available to the public.

Cyber Resilience Act Text 15.9.2022

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