Source: OJ L 2024/2847, 20.11.2024Current language: EN
- Cyber resilience for products with digital elements
Basic legislative acts
- CRA regulation
Article 37 Requirements relating to notifying authorities
A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs.
A notifying authority shall be organised and shall function so as to safeguard the objectivity and impartiality of its activities.
A notifying authority shall be organised in such a way that each decision relating to notification of a conformity assessment body is taken by competent persons different from those who carried out the assessment.
A notifying authority shall not offer or provide any activities that conformity assessment bodies perform or consultancy services on commercial or competitive basis.
A notifying authority shall safeguard the confidentiality of the information it obtains.
A notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of its tasks.
Relevant recitals
Recital 98 Notification of conformity assessment bodies
In order to carry out third-party conformity assessment for products with digital elements, conformity assessment bodies should be notified by the national notifying authorities to the Commission and the other Member States, provided they comply with a set of requirements, in particular on independence, competence and absence of conflicts of interest.
Recital 99 Requirements on notifying bodies and accreditation of conformity assessment bodies
In order to ensure a consistent level of quality in the performance of conformity assessment of products with digital elements, it is also necessary to lay down requirements for notifying authorities and other bodies involved in the assessment, notification and monitoring of notified bodies. The system set out in this Regulation should be complemented by the accreditation system provided for in Regulation (EC) No 765/2008. Since accreditation is an essential means of verifying the competence of conformity assessment bodies, it should also be used for the purposes of notification.
Recital 119 Respect for confidentiality
In order to ensure trusting and constructive cooperation of market surveillance authorities at Union and national level, all parties involved in the application of this Regulation should respect the confidentiality of information and data obtained in carrying out their tasks.
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