Cyber Resilience Act: Cybersecurity obligations for all products with digital elements

The Cyber Resilience Act (EU Regulation 2024/2847) introduces mandatory cybersecurity requirements for all products with digital elements placed on the EU market. Software is treated like a physical product: with CE marking, as a rule at least five years of security support, and 24-hour early warnings for actively exploited vulnerabilities or severe security incidents.

The Regulation entered into force on 10 December 2024. The reporting obligations apply from 11 September 2026. Full application of all provisions begins on 11 December 2027. For existing products placed on the market before that date, the reporting obligations likewise apply from 11 September 2026 (Art. 69(3)).

Who is affected? #

Manufacturers of products with digital elements #

This covers virtually all software and connected devices placed on the EU market:

The decisive factor: if your product contains digital elements and is made available on the EU market, you fall under the CRA — regardless of whether your company is based in the EU.

As a manufacturer you are responsible if you market the product under your own name or trademark. In contract development that can be your client, so clarify who takes on which security tasks.

A simple rule of thumb: if the device can connect to any network — whether Wi-Fi, Bluetooth, mobile, Ethernet, or any other protocol — it generally falls under the CRA. Excluded are areas that already have their own rulebooks, such as regulated medical devices. And pure cloud services with no link to a covered product do not fall under it merely because they are reachable over a network — where the service belongs to your product, however, it is covered with it.

Open source software #

Free and open source software only falls within scope when it is placed on the market in the course of a commercial activity. Mere development and provision in public repositories is not sufficient (Recital 20). Individual contributors acting outside a commercial activity are not covered (Recital 18). However, when open source software is integrated as part of a commercial product, the manufacturer bears full responsibility (Art. 13(5)).

Open Source Steward — the new CRA category #

The CRA introduces an entirely new legal category: the "open source software steward" (Art. 3 No. 14). An Open Source Steward is a legal person that is not a manufacturer but systematically and sustainably supports the development of FOSS products intended for commercial activities.

OTTRIA takes on this role for projects that want it — it cannot be imposed. This is not a convenience but a deliberate commitment. As a steward, OTTRIA has in practice more obligations than a non-steward that merely uses open source components:

The steward obligations under Art. 24 apply from 11 December 2027.

For you as a manufacturer, this means: if you integrate open source components managed by a steward, this facilitates your due diligence obligation under Art. 13(5). The voluntary security attestation under Art. 25 can further simplify this evidence.

What does the CRA require? #

CE marking for software (Art. 29, 30) #

Every product with digital elements will in future require a CE marking. For software, this is affixed on the declaration of conformity or the website. The CE marking confirms that all essential cybersecurity requirements from Annex I are met.

Freedom from known exploitable vulnerabilities (Annex I Part I No. 2a) #

Products must be placed on the market without known exploitable vulnerabilities. For FOSS components, Art. 13(5) requires the due diligence owed. Recital 34 names concrete checks for this: comparison against public vulnerability databases, a look at the project's update history, and your own security tests. How deeply you check follows from the component's risk — that you check, and can evidence it, is not optional.

SBOM obligation (Annex I Part II No. 1, Art. 13(24)) #

Manufacturers must identify and document the vulnerabilities and components of their products — among other things through an SBOM in a common machine-readable format covering at least the top-level dependencies. The Commission may later specify format and elements bindingly (Art. 13(24)). For steering your own risk, however, the statutory minimum is not enough: most vulnerabilities sit in the transitive dependencies.

Five years of security support (Art. 13(8)) #

Manufacturers must as a rule provide security updates for at least five years. For longer expected usage periods, correspondingly longer; for a shorter expected usage period, for that shorter period. Security updates must be provided without delay and, as a rule, free of charge (Annex I Part II No. 8) and, where technically feasible, offered separately from functional updates (Annex I Part II No. 2).

Only for tailor-made products may manufacturers and business users depart from the free-of-charge rule. If you buy bespoke software, put this point in the contract — otherwise you will later pay for security updates you need anyway.

Vulnerability management #

Reporting obligations (Art. 14) #

DeadlineObligation
24 hoursEarly warning for actively exploited vulnerabilities or severe incidents (Art. 14(2))
72 hoursNotification with assessment (Art. 14(2))
14 daysExploited vulnerability: final report once a corrective or mitigating measure is available (Art. 14(2))
1 monthSevere incident: final report after the incident notification (Art. 14(4))
Without delayInform users about the vulnerability and remedial measures (Art. 14(8))

These deadlines apply on weekends and public holidays as well. The reporting obligations apply from 11 September 2026 — including for existing products.

The 24- and 72-hour deadlines run from the point of awareness. For severe incidents still ongoing, a progress report is required first; the final report follows within one month of the incident being handled.

Due diligence for FOSS integration (Art. 13(5-6)) #

When integrating open source components into your product, you must exercise due diligence — including for components that have not been made available on the market. Possible due diligence measures according to Recital 34: check for CE marking, security updates available?, free from known vulnerabilities (EU database)?, additional security checks. If you discover vulnerabilities in open source components, you must inform the responsible person or entity and share the security patch (Art. 13(6)).

Consequences of non-compliance #

Fines #

LevelAmountLegal basis
Highest levelEUR 15 million or 2.5% of worldwide annual turnoverArt. 64(2) — violations of essential cybersecurity requirements (Annex I) and manufacturer obligations (Art. 13, 14)
Medium levelEUR 10 million or 2% of annual turnoverArt. 64(3) — obligations for authorised representatives, importers, distributors
Lowest levelEUR 5 million or 1% of annual turnoverArt. 64(4) — false or incomplete information
Open Source StewardNo finesArt. 64(10b) — explicit statutory exemption

EU market loss and recall #

Market surveillance authorities can order market withdrawal and recall (Art. 54, 56). The European Commission can order an EU-wide recall (Art. 56) — with immediate effect for the entire single market. This is inherently publicly visible.

Collective actions #

From 11 December 2027, collective actions under EU Directive 2020/1828 are applicable (Art. 65 CRA). Consumer protection organisations can collectively sue manufacturers.

What OTTRIA covers #

CRA obligationOTTRIA service
Create and maintain SBOM (Annex I Part II No. 1)SBOM evaluation and ongoing monitoring of your SBOM in machine-readable format
Address and remedy vulnerabilities (Annex I Part II No. 2)Coordinate upstream fixes or create them ourselves
Test and review security (Annex I Part II No. 3)Code reviews, security tests, regression tests for OSS components
CVD policy (Annex I Part II No. 5)Disclosure management as part of the steward role
Secure update distribution (Annex I Part II No. 7)Patch coordination and backports
Due diligence for FOSS (Art. 13(5))Documented assessment of all OSS dependencies against public vulnerability databases, update history and own testing
Reports to authorities (Art. 14)Support for your reports with technical details and assessments
Post-market surveillanceOngoing monitoring of all SBOM components after release
Steward attestation (Art. 25)Evidence of systematic OSS governance for your due diligence obligation

What OTTRIA does not cover #

What do you present to the auditor? #

OTTRIA delivers #

You add #

Transition periods (Art. 71) #

DateWhat applies
10 December 2024Entry into force of the Regulation
11 June 2026Notification of conformity assessment bodies
11 September 2026Reporting obligations apply (Art. 14) — including for existing products
11 December 2027Full application of all provisions

Act now: the manufacturer reporting obligations have applied since 11 September 2026. They require processes that you cannot build overnight.

Implementation in Germany #

The CRA is an EU Regulation and applies directly in all member states — without national transposition. However, member states must designate national market surveillance authorities to oversee compliance. In Germany, this will likely be the Federal Office for Information Security (BSI), possibly in cooperation with the Federal Network Agency.

Since the CRA applies directly, there are no national deviations in requirements. Differences between EU countries may arise in supervisory practice and enforcement.

The reporting obligations apply from September 2026. Are you prepared? Check your CRA readiness now.

Check CRA readiness

Download CRA factsheet (PDF)

Further reading