Does integrating an important or critical product with digital elements into another product with digital elements render that product important or critical?

As specified in Article 7(1), integrating an important or critical product with digital elements into another product with digital elements does not automatically render that product subject to the conformity assessment procedures applicable to important and critical products. For example, integrating an embedded browser as a component of a news app for use in smartphones does not in itself render the news app subject to the conformity assessment procedure applicable to products with digital elements that have the core functionality of “standalone and embedded browsers”. Similarly, integrating a secure element into a laptop does not in itself render the laptop subject to the conformity assessment procedure applicable to products with digital elements that have the core functionality of “smartcards and similar devices, including secure elements”.

As stated in 3.1 What determines if a product with digital elements is an important or critical product?, the core functionality of the product with digital elements into which other components are integrated determines whether that product is an important or critical product with digital elements.

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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.