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How to handle the EU Data Act? A practical guide to avoiding the risk of product removal

Edit: GCDC  Affiliation: Certification Information  Views: 105  Release time: 2025-12-11

In recent years, the EU's supervision of digital markets has been unprecedentedly strengthened. From the strict enforcement of the General Data Protection Regulation (GDPR), to the recently effective Data Act, and the cybersecurity provisions of the RED Directive that are about to be fully enforced, a tight "digital wall" has been built. For smart hardware companies exporting to the EU, if they fail to complete the EU Data Act processing and related compliance assessments, their products will face substantial risks of e-commerce platform removal, customs detention and even huge fines.

 

1. Policy interpretation: Why is "compliance" the red line of survival?

 

Traditional export certification tends to focus on hardware security (such as protection against electric shock and fire protection), but now EU regulations pay more attention to "data security". Whether it is a smart home device, a wearable product or an industrial control gateway, as long as it involves the collection, transmission or processing of user data, it must meet the high standards of the European Union.

 

If companies ignore the EU Data Act, the most direct consequences include: mainstream e-commerce platforms such as Amazon force products to be removed according to compliance review requirements; The European Union Data Protection Board (EDPB) imposes administrative fines of up to 4% of global turnover pursuant to GDPR. Therefore, data compliance is no longer the "icing on the cake", but the "pre-licensing" of product launch.

 

2. Core points of handling process and technology

 

To pass the EU's data compliance review, it is not simply a statement to sign, but a systematic technical evaluation and rectification is required. According to the industry standard ETSI EN 303 645 and GDPR principles, the main processes are as follows:

 

Technology Gap Analysis (Gap Analysis): A professional laboratory reviews the software and hardware design of the product against the regulatory requirements. Focus on checking whether there are high-risk vulnerabilities such as common default passwords (such as admin) and unencrypted Telnet ports.

Penetration Testing: Simulate hacker attack methods, perform vulnerability scanning, firmware reverse analysis and APP communication packet capture testing on the device, and verify the security of the data transmission link (such as whether encryption above TLS 1.2 is used).

Document system construction: Assist enterprises to establish Privacy Policy (Privacy Policy), data processing agreement (DPA) and vulnerability disclosure mechanism that comply with GDPR requirements. This is an easily overlooked but crucial document link in the handling of the EU Data Act.

Compliance verification and certification: After completing technical rectification and retesting, a third-party organization will issue a network security assessment report (Evaluation Report) and an Attestation of Compliance (Attestation of Compliance).

 

3. Guide to avoiding pitfalls: common compliance blind spots

 

In the actual cases handled by GTG Guangce Group, many companies have failed in compliance due to the following details, which need to be taken as a warning:

 

1. "One machine, one secret" has not been implemented: the regulations explicitly prohibit all devices from using the same factory password. Enterprises must establish a key management system to ensure that each device has a unique initial password or force users to modify it when they use it for the first time.

 

2. Excessive data collection: According to the "data minimization" principle of GDPR, devices are not allowed to collect private data unrelated to functions. For example, if an ordinary smart light bulb applies for recording permission, it will be regarded as a serious violation.

 

3. Server location error: Cloud servers involving the privacy data of European users must be located within the EU or have a cross-border transmission guarantee mechanism that meets EU standards.

 

Risk warning:

With the advancement of the EU RED Directive Delegated Act, cybersecurity and data privacy will become part of mandatory CE certification. It is recommended that enterprises make arrangements as soon as possible, and don't wait until the goods are stranded at the port to start remediation.

 

4. Technical support from GTG Guangce Group

 

Compliance is a complex system engineering, involving the dual intersection of law and technology. Relying on a professional network security laboratory and a team of senior regulatory experts, GTG Guangce Group can provide enterprises with one-stop services from "Security by Design" consulting in the product development stage to final penetration testing and compliance certification.

 

EU GDPR Compliance | ETSI EN 303 645 Testing | Cybersecurity Penetration Testing

 

Professional technical team to help you avoid trade barriers

 

Contact: Deng Gong Email: net04@gtggroup.com

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