ItalyDecreto legislativo 22 giugno 2016, n. 128, Essential Requirements for Radio Equipment
Artt. 3, 39 e 46, Decreto legislativo 22 giugno 2016, n. 128
In force since .
A product security requirements rule binding private bodies.
- Obligation class
- Security
What it requires
- If you manufacture or import radio equipment in a category or class that a delegated act of the European Commission specifies, make it meet the Article 3(3) essential requirements that the delegated act applies to it: that it does not harm the network or misuse network resources, that it contains safeguards for personal data and privacy, and that it supports features that protect against fraud (Legislative Decree 128/2016, Article 3(3)(d), (e) and (f) and Article 3(4)).
- Make radio equipment available on the market only if it meets the Article 3 essential requirements and has been through the conformity assessment procedure of Article 17 (Article 46(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalty structure
Article 46(1) sets a fine of 5,292 to 31,755 euro plus 26 to 158 euro for each item of non-conforming radio equipment, with the total capped at 132,316 euro.
- Rule
- Fixed only
- As of
- Minimum
- 5,292
- Currency
- EUR
- Fixed cap
- 132,316
Who enforces it
Enforcement body
The Ministry, as the market surveillance authority, with its territorial inspectorates imposing the Article 46 sanctions (Article 39(1)).
Settledness
- As of
What this law does
Radio equipment in the categories and classes that the delegated acts of the European Commission specify must be manufactured to meet the essential requirements of Article 3(3), which include not harming the network or misusing its resources, safeguards for the protection of personal data and privacy, and features that protect against fraud (Article 3(3)(d), (e) and (f)).
The Ministry implements the delegated acts of the European Commission that specify which categories or classes of radio equipment each of those requirements applies to (Article 3(4)). The Ministry is the market surveillance authority for radio equipment, and its territorial inspectorates impose the administrative sanctions in Article 46 (Article 39(1)).
A manufacturer or importer that makes radio equipment available on the market without meeting the essential requirements of Article 3 faces an administrative fine of 5,292 to 31,755 euro, plus 26 to 158 euro for each item, up to 132,316 euro in total (Article 46(1)). The decree entered into force on .
When LexLint raises it
When your app profile says your app distributes a software product.
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