The CRA brings many new responsibilities for manufacturers of products with digital elements. But what about other entities in the supply chain, specifically distributors? Do distributors have any new duties or special obligations? First, let’s define “distributor”. The CRA defines a distributor as
The answer is in Article 19 of the CRA. If the manufacturer isn’t meeting their obligations, it’s ultimately the importer who will bear the consequences and costs of a recall or other remediating action.
The obligations of distributors are more limited, and don’t extend very far beyond existing obligations under EU consumer laws. Article 20 of the CRA lays out the specifics. Distributors mostly just need to verify that the products they got from their supplier, i.e. the manufacturer or importer, meet the basic obligations of the CE mark and the CRA.
To make sure this happens, the CRA enumerates some specific requirements on distributors. In particular, the distributor has the following obligations:
- Verify that the CE mark is present on the goods they sell
- Ensure that the importer or manufacturer has provided the distributor all the necessary documentation and information that the consumer needs--things like the documentation of the support period, name and registered trademark of the manufacturer and/or importer, etc. The specific list of elements that the importer or manufacturer must provide to the distributor is listed in Article 20(2)(b).
- If the distributor becomes aware that the manufacturer’s obligations under the CRA aren’t being met, or that the manufacturer or importer is no longer in business, they should inform the regulatory authorities
- If the regulatory authority makes a reasonable request for the documentation provided by the manufacturer or importer, the distributor should cooperate with that request
With these obligations, it becomes clear that under the CRA it pays to work with trusted, established manufacturers. As a distributor, if the manufacturer of a product goes out of business and is no longer able to meet their CRA obligations, that manufacturer’s products in your inventory might become unfit for sale. That could happen if, for example, a security vulnerability in the product arises and the manufacturer is no longer around to issue a patch.
As a distributor, it’s also important to understand conditions where you might actually be considered a manufacturer, and inherit all of those responsibilities: Learn more.
Get in touch with our experts to learn more