What is the interplay between the CRA and the Data Act?
The CRA and the Data Act (DA) are essentially of a different nature, with the former setting rules for the making available of products with digital elements on the market, while the latter lays down rules for (amongst other things) the making available of product data and related services data to other entities.
However, in certain cases the requirements of the CRA and the DA may be applicable to similar products. In certain cases, a product with digital elements within the meaning of the CRA may also be a connected product or a related service within the meaning of the DA.
For example, home appliances that contain hardware and software and can be connected to the internet for their functionality, such as a ‘smart’ refrigerator, may also collect data concerning their use and be able to communicate that product data via the Internet. In that sense, the smart refrigerator may be a product with digital elements within the meaning of the CRA and a connected product within the meaning of the DA at the same time.
Disclaimer
Disclaimer: This document is prepared by the Commission services and should not be considered as representative of the European Commission’s official position. The replies to the FAQs do not extend in any way the rights and obligations deriving from applicable legislation nor introduce any additional requirement. The expressed views are not authoritative and cannot prejudge any future actions the European Commission may take, including potential positions before the Court of Justice of the European Union, which is competent to authoritatively interpret Union law.