In this newsletter, Cruz Vilaça Advogados analyses the proposal, presented by the European Commission, to complement the already comprehensive European regulation on the cybersecurity of products consisting of or containing digital elements. The proposal, which is in the phase of negotiations within the "trilogue” between the European Parliament, the Council of Ministers of the EU and the European Commission, in the framework of the ordinary legislative procedure, is a very important piece of legislation - especially considering the growing concerns about security within the internal market arising from the fact that, in its present form, it may harm the functioning of the internal market, whose preservation and integrity is, however, its intended goal.

We will focus our attention, namely, on the provisions applicable to the so-called “High-risk Vendors”. In this field, the political aspect of security assessments may be exacerbated and go beyond the proportionality required by both European and national laws. The effectiveness of judicial protection may also be jeopardised.