SpainReal Decreto 188/2016 Radio Equipment Regulation, Network, Privacy and Fraud-Protection Requirements for Radio Equipment
Real Decreto 188/2016, art. 3.3 d) a f), equipos radioeléctricos
In force since .
A product security requirements rule binding private bodies.
- Obligation class
- Security
What it requires
- If you manufacture radio equipment that is internet-connected, or that is childcare, toy or wearable equipment that can process personal, traffic or location data, or that lets the user transfer money or virtual currency, this binds you from ; radio equipment that the medical devices regulations also cover is outside it (Article 3.3 and Delegated Regulation (EU) 2022/30 Articles 1 and 2).
- Design internet-connected radio equipment so that it does not harm the network or its functioning, or misuse network resources in a way that causes unacceptable degradation of service (Article 3.3(d)).
- Build safeguards into the equipment categories the delegated regulation names so that personal data and the privacy of the user and the subscriber are protected (Article 3.3(e)).
- Build in functions that protect against fraud in internet-connected equipment that lets the user transfer money, monetary value or virtual currency (Article 3.3(f)).
- Before placing the equipment on the market, ensure it has been designed and manufactured in line with these essential requirements (Article 9.1).
These lines are LexLint's reading of the law's text.
What this law does
Article 3.3 of Real Decreto 188/2016 lists requirements that radio equipment must meet where the Commission's delegated acts apply them to its category: that it does not harm the network or its functioning or misuse network resources, that it contains safeguards that protect personal data and the privacy of the user and subscriber, and that it is compatible with functions that protect against fraud.
Delegated Regulation (EU) 2022/30 applies point (d) to any radio equipment that can communicate itself over the internet, whether it communicates directly or via any other equipment. Delegated Regulation (EU) 2022/30 applies point (e) to internet-connected radio equipment, radio equipment designed or intended exclusively for childcare, radio equipment covered by the toy safety directive and wearable radio equipment, where the equipment can process personal data, traffic data or location data.
Delegated Regulation (EU) 2022/30 applies point (f) to internet-connected radio equipment that enables the holder or user to transfer money, monetary value or virtual currency. Delegated Regulation (EU) 2023/2444 set as the date from which Delegated Regulation (EU) 2022/30 applies. Delegated Regulation (EU) 2022/30 does not apply points (d), (e) and (f) to radio equipment that Regulation (EU) 2017/745 or Regulation (EU) 2017/746 also covers.
A manufacturer that places radio equipment on the market must ensure that it has been designed and manufactured in accordance with the essential requirements in article 3. A breach of the regulation is sanctioned under Title VIII of Ley 9/2014 or Title V of Ley 21/1992, as the case may be.
When LexLint raises it
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