Bottomley: Solving the Looming Developer Liability Problem [LWN.net]

Bottomley: Solving the Looming Developer Liability Problem

Posted Dec 12, 2023 21:14 UTC (Tue) by bluca (subscriber, #118303)
In reply to: Bottomley: Solving the Looming Developer Liability Problem by paulj
Parent article: Bottomley: Solving the Looming Developer Liability Problem

No, the CRA is a regulation, not a directive: https://european-union.europa.eu/institutions-law-budget/law/types-legislation_en
It has immediate and direct effect.

to post comments

Bottomley: Solving the Looming Developer Liability Problem

Posted Dec 13, 2023 11:41 UTC (Wed) by paulj (subscriber, #341) [Link] (2 responses)

I had missed it was a regulation. Thanks for pointing that out. Huge difference. I'm surprised something as sweeping as this can be done by regulation.

Reading the CRA, they appear to be exercising authority to regulate primarily based on Articles 173, and 322(2) (for budgetary things?) of the Treaty on the Functioning of the European Union:

https://www.legislation.gov.uk/eut/teec/article/173 (Industry Competitiveness)
https://www.legislation.gov.uk/eut/teec/article/322 (Common Provisions)

Article 173 is worth reading carefully. Does the CRA follow the objectives of paragraph 1? Does it distort competition? Does it favour or disfavour small and medium-sized businesses?

Bottomley: Solving the Looming Developer Liability Problem

Posted Dec 13, 2023 11:45 UTC (Wed) by paulj (subscriber, #341) [Link]

Note that in the first instance it will still be member state agencies and judicial systems that interpret this Regulation and apply it practically. And differences can arise - between what we here think the legislators intent was, and also between member states. And such differences ultimately must go to the ECJ, to be harmonised - which may take time, if ever.

Bottomley: Solving the Looming Developer Liability Problem

Posted Dec 13, 2023 16:26 UTC (Wed) by kleptog (subscriber, #1183) [Link]

Just one last comment (just saw corbet's note).

The Act includes a section about why it is a regulation, every act has to specify why it is a directive or regulation and the legal basis for it. While in principle a regulation is effective everywhere at once, the actual enforcement is to be done by entities which don't exist yet and will need to be created by the member states. The entities will be underfunded (they always are) and will not have time to go after anything but the biggest companies.

Also note the fines are actually the sideshow. The primary goal is that the terms get included in B2B contracts and that businesses start holding each other to account. That's the only way to influence suppliers outside the EU.