
Article 14 of the EU Cyber Resilience Act has applied since September 11, 2026, more than a year before the rest of the Regulation applies. If your company manufactures a hardware or software product sold into the EU, or a connected service your product depends on to function, this is already live law, and the clock on a reportable incident starts the moment you become aware of it, not when you get around to reading this.
Many of Jacobian's clients buy and run these products rather than make them, and for them this article is still useful: it tells you what to ask your vendors. But if you are a manufacturer, the next several hundred words are not background reading. They are the procedure you need in place before you need it.
Answer three questions honestly.
If you answered yes to all three, you are a manufacturer under the CRA, and Article 14 applies to you right now, regardless of where your company is headquartered. If you only buy and operate products like this, the CRA's Article 14 reporting duty belongs to your vendor, not to you, but it is still worth a phone call: ask whether that vendor has registered on ENISA's reporting platform.
Article 14(1) states it plainly: "A manufacturer shall notify any actively exploited vulnerability contained in the product with digital elements that it becomes aware of simultaneously to the CSIRT designated as coordinator... and to ENISA." The notification goes through a single reporting platform established under Article 16.
An "actively exploited vulnerability" has a specific legal definition, not a loose one. Article 3 defines it as "a vulnerability for which there is reliable evidence that a malicious actor has exploited it in a system without permission of the system owner." A vulnerability that is merely disclosed, or theoretically exploitable, does not trigger this clock. Evidence that someone is actually using it against a system does.
Article 14(2) lays out three deadlines once that clock starts:
Article 14(3) and 14(4) set the identical 24-hour and 72-hour structure for a "severe incident having an impact on the security of the product," with a final report due within one month of the incident notification rather than 14 days after a fix ships. The 24-hour warning for an incident must also say whether it is suspected to involve unlawful or malicious acts.
Article 14(8) adds an obligation that sits alongside the regulator-facing deadlines and is easy to overlook under the pressure of the first three: once you become aware of an actively exploited vulnerability or a severe incident, you have to inform the users of the affected product, not only ENISA and the coordinating CSIRT, of the risk and of any mitigation they can take, where appropriate in a structured, machine-readable format. If you fail to do that in a timely way, the notified CSIRTs are authorized to inform your users for you, which is not a position any manufacturer wants a regulator to be in.
This is the detail that catches US manufacturers off guard, because the obvious question, "which country's authority do I even talk to," does not have an obvious answer if you have no EU establishment.
Article 14(7) sets out the order. First, the member state where the authorised representative (Article 18) acting for the largest number of your products is established. If that does not settle it, the member state where the importer placing the largest number of your products on the market is established, then the same test for your distributors, then, failing all of that, the member state where the largest number of your product's users are actually located.
ENISA's own guidance on this is worth quoting directly, because it resolves a question that comes up constantly in practice: "Only one notification is required for any given actively exploited vulnerability or severe incident, even when a manufacturer has multiple branches or subsidiaries in the EU and/or its parent company is headquartered outside the EU. It is the manufacturer's responsibility to coordinate internally across its corporate structure." One filing covers the whole corporate group. The coordination burden is internal, not external.
ENISA's Single Reporting Platform went live the same day Article 14 became enforceable, September 11, 2026, at the initial operating capability level, with ENISA stating it will expand functionality over the coming months. The platform is at portal.cra-srp.enisa.europa.eu.
Three details matter for how you prepare, not how you react:
First, every person who will file on your company's behalf, called an Assigned Representative, needs a personal EU Login account with multi-factor authentication enabled. There can be exactly one Primary AR per manufacturer, who registers first and selects the coordinating CSIRT; any Secondary ARs join afterward by the Primary AR's invitation.
Second, there is no API at this stage of the platform's life. Filing happens through the web interface, by a human, which means your Primary AR needs to actually know how to use it before the clock is running, not during the 24-hour window.
Third, there is a narrow accommodation called Particularly Exceptional Circumstances, which applies only to the 72-hour vulnerability notification, not to incident notifications. You flag it in the 72-hour notification, and the coordinating CSIRT decides whether to delay passing the full notification on. In that case ENISA receives only limited information, under Article 16(2). It is not a way to avoid the 24-hour early warning, and it does not apply to severe incidents at all.
Article 69(3) extends Article 14's reporting duty to any in-scope product already on the market before the CRA's general application date of December 11, 2027. If you shipped the product five years ago and it is still out there running, it is still covered.
What is not retroactive is the awareness itself. Per ENISA's FAQ guidance, if you already knew about active exploitation before September 11, 2026, you do not have to go back and file a report for that specific knowledge. But the moment you become aware of active exploitation after that date, the obligation applies in full, including when the underlying vulnerability itself is old and was already known to you or anyone else. An old bug, newly and actively exploited, is a new reporting event.
The CRA does not let you point at a third-party component and call it someone else's filing. Per the European Commission's own FAQ guidance: "Where the product with digital elements contains an actively exploited vulnerability originating from an integrated component, the manufacturer of the product with digital elements is required to notify that vulnerability. The manufacturer of the integrated component is also required to notify it, if that component has been placed on the market." Both of you file, not one or the other.
The one narrowing: if you know a component contains a vulnerability but it cannot actually be exploited in the way your product uses it, that is not an "actively exploited vulnerability" under the Article 3 definition, and mandatory reporting does not apply. You may still report it voluntarily, and you are required separately, under Article 13(6), to notify the component's own maintainer.
The CRA's exclusions, set out in Article 2(2) through 2(4), are narrower than many vendor explainers have suggested, and they are unconditional rather than partial. If your product is already governed by the EU's Medical Devices Regulation, its In Vitro Diagnostic Regulation, or the vehicle type-approval regulation, the CRA simply does not apply to it, full stop, not "applies except where those frameworks overlap." The same clean exclusion covers certified aviation products and marine equipment under their respective EU regimes.
For Jacobian's healthcare clients specifically: if the MDR or IVDR genuinely governs your product, you are outside the CRA entirely. If neither does, and that covers a fair amount of connected wellness technology and practice-management software that is adjacent to clinical care without being a regulated medical device itself, the CRA can still reach you.
One more scoping detail worth getting right: standalone SaaS is not automatically in scope. The CRA only reaches "remote data processing" under Article 3(2): data processing at a distance whose software the manufacturer designed or is responsible for, and without which a hardware or software product could not perform one of its functions. If no product with digital elements depends on your SaaS in that way, the CRA does not reach the SaaS on its own.
Before any incident, not during one:
Once exploitation evidence actually arrives:
The CRA's Article 14 duty is not the same obligation as incident reporting under NIS2. NIS2, Directive 2022/2555, reaches companies through each member state's own transposed law, and only if your organization is designated an essential or important entity under it; it covers significant incidents in your own services. The CRA is a directly applicable Regulation that reaches manufacturers wherever they are, covering vulnerabilities and incidents in the products they make, filed once through ENISA's single platform to a coordinating CSIRT and ENISA together, rather than under each country's own law. A managed service provider that also ships its own product can owe reports under both regimes, for different reasons, on different timelines, to different places. Do not assume meeting one discharges the other.
The penalties for getting Article 14 wrong are not symbolic. Non-compliance with Article 14 itself, or with Article 13 or Annex I, can draw a fine of up to EUR 15 million or 2.5 percent of worldwide annual turnover, whichever is higher. That is a ceiling set at the EU level; individual member states set the actual penalty rules that apply it.
If you build, sell, or operate a product with digital elements anywhere the EU market reaches, the smart time to work through this checklist is before the Primary AR registration screen is the first time anyone at your company has seen it.
Article 14 of the EU Cyber Resilience Act has applied since 11 September 2026: once a vulnerability in your product is actively exploited, a 24-hour early warning is due to ENISA. Who it reaches, where a US firm with no EU office files, and what to do in the first 24 hours.