In a significant move, the European Commission announced a public consultation on October 3, 2023, dealing with the draft implementing regulation. This draft regulation, or Draft Regulation, aims to establish the European Common Criteria-based cybersecurity certification scheme (EUCC) for information and communication technology (ICT) products under the EU Cybersecurity Act, according to Allen & Overy LLP.
This public consultation presents a valuable opportunity for legal professionals to provide their feedback and insights into the issue. Given the specific focus on ICT products, legal experts will have a chance to shape the direction of the certification scheme and potentially influence its broader adoption.
The aforementioned Draft Regulation, through the EUCC, seeks to set a threshold for the cybersecurity protections that these ICT products should meet. The Europe-wide scope of this scheme is indicative of the EU’s continued commitment to safeguard critical ICT products from modern cyber threats.
For legal practitioners within ICT-related fields, the establishment of the EUCC, as per the draft implementing regulation, offers important implications. Effective certification schemes serve as a protective layer, creating a secure environment within which businesses can safely operate. Equally, they provide a benchmark to which ICT products must adhere, encouraging a competitive landscape rooted in robust cybersecurity practices.
The European Commission’s public consultation reflects a necessary step towards enhancing protection levels in the increasingly essential ICT sector. However, this consultation also reinforces the significance of collaboration between regulators, legal professionals and ICT entities in ensuring success. Together, they can help to balance protection needs with market innovation and competitive balance.