scholarly journals Cybersecurity of consumer products against the background of the EU model of cyberspace protection

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Cezary Banasiński ◽  
Marcin Rojszczak
Keyword(s):  
Consumer Protection ◽  
Consumer Products ◽  
Product Safety ◽  
Consumer Product ◽  
Individual Member ◽  
Consumer Product Safety ◽  
National Competition ◽  
Mass Expansion ◽  
The Eu

Abstract The entry into force of Regulation 2019/881 heralded a new stage in the construction of the EU cybersecurity model. At present, at the level of both EU institutions and individual Member States, preparatory work is underway to create the first ICT certification programmes relating to the area of cybersecurity. To date, the role of national competition and consumer protection authorities in helping to build a coherent cybersecurity model has not been sufficiently highlighted. The problem of the cybersecurity of products intended for the consumer market is a pressing issue. Furthermore, its significance is growing due in no small part to the increasing number of so-called smart connected consumer products and the mass expansion of the IoT market. As a result, threats to security or privacy increasingly stem not from cyberattacks on leading providers of online services but from the exploitation of vulnerabilities in commonly-used consumer products. This article aims to discuss the possible role of competition and consumer protection authorities in shaping a future model of EU cybersecurity. We discuss the existing mechanisms in EU law that allow supervisory authorities to shape the consumer product safety market and consider whether these measures can also be considered adequate for cybersecurity purposes. Particular attention is paid to identifying what legislative steps would be necessary to effectively synthesize the new EU cybersecurity regulations (including the planned cybersecurity certification framework) with existing consumer product safety laws.

Enforcement, risk and discretion: the case of dangerous consumer products

Legal Studies ◽  
2006 ◽  
Vol 26 (4) ◽  
pp. 524-543
Author(s):  
Peter Cartwright
Keyword(s):  
Consumer Products ◽  
Product Safety ◽  
Consumer Product ◽  
Consumer Product Safety ◽  
Safety Regulations ◽  
Recent Developments ◽  
The Law ◽  
Enforcement Authority ◽  
General Product

This paper considers the effectiveness of the enforcement provisions of consumer product safety law by examining the new legislation in this area (the General Product Safety Regulations 2005), and the broader context in which it operates. The paper suggests that to understand the likely effectiveness of the Regulations, it is necessary to examine what the author refers to as the internal and external dimensions of enforcement. The paper is divided into three parts: part one sets out the enforcement provisions of the Regulations; part two examines the internal elements of enforcement; part three examines the external elements of enforcement. The internal elements are those provisions found in the statute that direct enforcement authorities in the action they can take. The external elements are those pressures outside the statute that inevitably impinge upon the ability of the enforcement authority to make a decision. It will be argued that while recent developments make some important strides forward in protecting consumers from dangerous products, there is a risk that the law will not be enforced satisfactorily.

The Role and Limitations of Voluntary Standards in Consumer Product Safety

2009 ◽  
Vol 53 (9) ◽  
pp. 563-567
Author(s):  
Carol Pollack-Nelson ◽  
Shelley Waters Deppa
Keyword(s):  
Consumer Products ◽  
Product Safety ◽  
Consumer Product ◽  
Consumer Product Safety ◽  
Voluntary Standards ◽  
Minimum Requirements ◽  
Serious Injuries

Voluntary standards have been written for hundreds of consumer products ranging from go-karts to cribs. Industry relies on these standards when designing their products and in litigation, often pointing to their compliance in defending product designs. While standards have the potential to mitigate product hazards, they are minimum requirements. As such, certain product hazards may not be addressed. This paper examines three standards and serious injuries and fatalities associated with their related products. A discussion of these standards, as well as voluntary standards in general, underscores their value and limitations.

Product Safety Legislation and the Small Retailer

1978 ◽  
Vol 3 (1) ◽  
pp. 40-49
Author(s):  
Paul Busch ◽  
Joseph F. Hair
Keyword(s):  
Consumer Products ◽  
Product Safety ◽  
Consumer Product ◽  
Product Recalls ◽  
Consumer Product Safety Commission ◽  
Consumer Product Safety

The Consumer Product Safety Commission has been given the mandate to insure the safety of consumer products. Retailers have a very important role to fulfill in meeting this mandate. Are retailers, particularly small ones, aware of their responsibilities to inform customers about dangerous products, to refund customer's money, and to post in-store signs on product recalls? How do small retailers evaluate the CPSC's performance? What actions can small retailers take to improve the safety of the products they sell? Answers to these questions are provided in this empirically based study.

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