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Cyber Resilience Act: First committee backs FSFE demand to protect Free Software

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The Internal Market and Consumer Protection Committee (IMCO) today launched a landmark decision to protect Free Software developers in the Cyber Resilience Act (CRA).

Picture in shades of blue with a lock surrounded by a circle and the phrase cybersecurity.

The Internal Market and Consumer Protection Committee (IMCO) today launched a landmark decision to protect Free Software developers in the Cyber Resilience Act (CRA). In September last year, the EU Commission presented the CRA. The proposal to exclude Free Software “outside the course of a commercial activity” would fail to address a large part of software that will not be covered but is deployed. Furthermore, smaller and non-profit projects would be harmed as they would have to bear major costs. We, therefore, proposed a solution that will lead to more security while safeguarding the Free Software ecosystem:

  1. Liability should be shifted to those deploying Free Software instead of those developing Free Software and
  2. Those who significantly financially benefit from this deployment should make sure the software becomes CE-compliant
Alexander Sander, FSFE Senior Policy Consultant explains: "The Internal Market and Consumer Protection Committee, a committee for opinion in CRA, has backed our demand and voted for the protection of Free Software developers in the Cyber Resilience Act. We are particularly delighted with the transfer of those protections into an article and the precise description of how Free Software should be protected in the future. The lead committee is now called upon to follow this vote".

Shortly, the leading committee, Committee on Industry, Research and Energy (ITRE), will define its position and submit it to the plenary for a vote. After that, the trialogue with Parliament, Council and Commission will begin in order to reach a final agreement. At the same time, similar rules are being negotiated in the Product Liability Directive (PLD). Here, too, FSFE is calling for the protection of developers of Free Software. We thank all those organisations and individuals contributing to this position and making sure to safeguard Free Software in those files.