LESSON 04

Roles: manufacturer, importer, distributor, open-source steward

Who carries which duty in the supply chain, and how a role can change under your feet.

7 min read video walkthrough

Manufacturer

The manufacturer designs or develops the product, or has it designed, and markets it under its own name or trademark. The manufacturer carries almost the whole load: essential requirements, risk assessment, technical documentation, conformity assessment, CE marking, support period, vulnerability handling, and reporting.

Crucially, you become the manufacturer by branding. If you buy an ODM device from a contract manufacturer and put your logo on it, you are the manufacturer under the CRA — with all the obligations, regardless of who wrote the firmware. Your supply contracts must give you the artefacts you need: source or binaries, SBOM, security patch commitments, and vulnerability notifications.

Importer

An importer places a product from outside the EU on the Union market. Before doing so it must verify that the manufacturer carried out conformity assessment, drew up technical documentation, applied CE marking, and provided the required user information. If an importer knows or has reason to believe the product does not conform, it must not place it on the market — and must inform the manufacturer and market surveillance authorities.

Distributor

A distributor makes a product available on the market without being manufacturer or importer. Its duty is one of due care: check CE marking and the accompanying documentation are present, do not distribute a product it knows to be non-conforming, and ensure storage and transport do not compromise conformity.

When a distributor or importer becomes a manufacturer

Any of these flips you into the manufacturer role, with the full obligation set:

  • Placing the product on the market under your own name or trademark.
  • Making a substantial modification to a product already on the market.

For white-label embedded hardware this is the single most common compliance surprise.

Open-source software steward

A new role invented by the CRA. A steward is a legal person — typically a foundation — that provides sustained support for the development of FOSS intended for commercial activities, without monetising the software itself. Stewards have a lighter, proportionate regime: a cybersecurity policy, cooperation with market surveillance authorities, and reporting duties for actively exploited vulnerabilities in their software. They are not required to do conformity assessment or CE marking.

Individual contributors to open source are not caught at all. But if you integrate open-source components into a commercial product, you are responsible for their security in your product — exercising due diligence on the components you incorporate is an explicit manufacturer duty.

Key takeaways

  • Branding a product makes you the manufacturer, whoever actually built it.
  • Importers verify conformity artefacts before placing a product on the market; distributors exercise due care.
  • Substantial modification turns any economic operator into a manufacturer.
  • Open-source stewards have a lighter regime; integrators remain responsible for the FOSS inside their product.

References

  • Article 13 (manufacturer obligations)
  • Articles 19-20 (importers and distributors)
  • Article 21 (role change)
  • Article 24 (open-source stewards)

Check your understanding

  1. Q1You rebrand an ODM gateway with your logo and sell it in the EU. You are:

  2. Q2Which duty belongs to the importer?

  3. Q3An open-source steward must:

Sign in to track progress