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When Is the Cloud Part of Your Product Under the CRA?

Updated 20 September 20262 min read

Most connected products depend on a backend: an API behind the app, a device cloud, a remote management service. The Cyber Resilience Act can pull that backend into scope as part of your product — or leave it out. The test is in Article 3.


The two definitions

Article 3(1): a product with digital elements is a software or hardware product and its remote data processing solutions, including components placed on the market separately.

Article 3(2): remote data processing is data processing at a distance whose software is designed and developed by the manufacturer, or under its responsibility, and without which the product could not perform one of its functions.


The test, in two questions

  1. Is the backend software designed and developed by you, or under your responsibility?
  2. Without it, would the product be unable to perform one of its functions?

If the answer to both is yes, the backend is part of your product.


What recital 12 adds


How the test plays out

Situation Likely outcome
A thermostat controlled through the manufacturer's own cloud API In scope — the textbook case of recital 12
The backend a companion app cannot work without In scope, as remote data processing
The product's marketing website Out — it does not support a product function
The underlying platform of a third-party cloud provider, as opposed to your own backend code running on it Out of the definition
Software sold only as an online service Generally outside the CRA — NIS2 territory

These are readings of the Article 3 test, not rulings. Edge cases deserve a documented decision.


Why it matters

Because the definition includes them, your remote data processing solutions are part of the product that the CRA's requirements apply to. In practice: - a vulnerability in that backend is a vulnerability in your product, so it falls under vulnerability handling and, if actively exploited, under the Article 14 reporting obligations; - your component inventory, security testing and support period planning should cover the backend as well as the device.

Sources

Position as at 20 September 2026. General information, not legal advice.