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The European Union's Cyber Resilience Act introduces a new legal framework for producers of products with digital elements, including open source software. The law applies to companies that integrate open source code into EU products, making it a mandatory requirement for businesses that want to sell or distribute these products in the EU. While individual contributors sharing code online or in publications are not subject to the law, organizations that receive funding or donations must follow the stewardship requirements. This new regulation aims to enhance security and resilience in digital products and has far-reaching implications for open source software developers.
The European Union has introduced the Cyber Resilience Act (CRA), a comprehensive law aimed at enhancing the security and resilience of digital products in the EU market. The CRA introduces a new legal framework for producers of products with digital elements, including open source software, requiring them to document, secure, and maintain their software supply chain. Companies that integrate open source code into EU products must publish Software Bills of Materials (SBOMs), track vulnerabilities, respond to security incidents, and provide transparency about their security practices. Non-commercial open source developers are exempt from the law's requirements, but must follow best practices for secure reporting, clear SBOMs, and supply-chain checks. The CRA distinguishes between unpaid, hobbyist developers and legal "people" such as foundations, projects, and companies that commercialize open source software. The law aims to hold big companies liable when they release open source software, while also increasing pressure on companies to use actively supported open source projects or stick closer to mainstream communities. The CRA extends worldwide, applying to software accessible "on the market" in the EU, which means that US and Japanese vendors must pay attention to compliance if their products are downloadable or operable from within the EU.
In a significant development that is expected to have far-reaching implications for the open source software community, the European Union has introduced the Cyber Resilience Act (CRA), a comprehensive law aimed at enhancing the security and resilience of digital products in the EU market. The CRA is part of a broader effort by the EU to address the growing concern of cybersecurity threats and to ensure that digital products are designed with security and safety in mind.
One of the key features of the CRA is its focus on open source software, which has been a subject of concern for many developers and companies due to the lack of clear guidelines and regulations governing its use. The CRA introduces a new legal framework for producers of products with digital elements (PDEs), including open source software, requiring them to document, secure, and maintain their software supply chain.
The law applies to companies that integrate open source code into EU products, making it a mandatory requirement for businesses that want to sell or distribute these products in the EU. This means that manufacturers must publish Software Bills of Materials (SBOMs), track vulnerabilities, respond to security incidents, and provide transparency about their security practices.
However, not all companies will be subject to the same level of scrutiny. Non-commercial open source developers, such as hobbyists and individuals working on projects with no commercial income, are exempt from the law's requirements. They can continue publishing software with minimal worry, as long as they follow best practices for secure reporting, clear SBOMs, and supply-chain checks.
The CRA also introduces a distinction between unpaid, hobbyist developers and legal "people" such as foundations, projects, and companies that commercialize open source software. While individual contributors sharing code online or in publications are not subject to the law, organizations that receive funding or donations must follow the stewardship requirements.
Greg Kroah-Hartman, a top Linux kernel maintainer and member of the CRA working group, has expressed his optimism about the new law. He believes that it will help open source developers by providing a clear framework for security and compliance. According to Kroah-Hartman, the goal of the CRA is not to trip up individuals or small projects but to hold big companies liable when they release open source software.
Kroah-Hartman also emphasizes that the law is designed to benefit the open source community as a whole. He notes that the CRA introduces a legal requirement for producers of PDEs, which will increase pressure on companies to use actively supported open source projects or stick closer to mainstream, well-resourced communities.
The regulations are more stringent for hardware or device vendors using open source code in their products than for pure software consultancies. The CRA extends worldwide, applying to software accessible "on the market" in the EU, which means that US and Japanese vendors must pay attention to compliance if their products are downloadable or operable from within the EU.
While some may worry about the impact of the CRA on open source developers, Kroah-Hartman predicts that it will have the opposite effect. He believes that the law will increase demand for open source software, as companies gain more control over code destiny than with closed-source vendors. Businesses that are already using open source code in their programs still haven't realized just what a big deal the CRA will be for them. They will soon enough.
In conclusion, the Cyber Resilience Act is a significant development in the regulation of open source software. While it may seem daunting at first, Kroah-Hartman's optimistic outlook suggests that it has the potential to benefit the entire open source community. As companies begin to comply with the law, we can expect to see more secure and resilient digital products on the market.
Related Information:
https://www.ethicalhackingnews.com/articles/The-European-Unions-Cyber-Resilience-Act-A-New-Paradigm-for-Open-Source-Software-Development-ehn.shtml
https://go.theregister.com/feed/www.theregister.com/2025/09/30/cyber_reiliance_act_opinion_column/
Published: Tue Sep 30 06:26:57 2025 by llama3.2 3B Q4_K_M