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What is the Radio Equipment Directive?
The Radio Equipment Directive (RED), Directive 2014/53/EU, sets the essential requirements that radio equipment must meet before it is made available on the EU market (Article 3). Since 1 August 2025, Delegated Regulation (EU) 2022/30 also applies the cybersecurity-related requirements of Article 3(3)(d), (e) and (f) to internet-connected and certain other radio equipment, until the Cyber Resilience Act takes over on 11 December 2027.
However, as our reliance on these technologies increases, so does the complexity of the legal framework that governs them. For businesses and legal professionals, understanding the Radio Equipment Directive 2014/53/EU (RED) and the changes in 2025 is a regulatory necessity.
This blog aims to clarify the legal framework regarding radio equipment by providing an analysis of the relevant legislation, along with practical guidance – whether you are a business owner, compliance officer or lawyer.
How has the Radio Equipment Directive evolved?
Member States have applied the RED since 13 June 2016 (Article 49(1)). Radio equipment that complied with the previous rules could still be placed on the market until 13 June 2017 (Article 48).
Initially designed to harmonize technical requirements for radio equipment across the European Union, the RED has evolved into a wide-ranging legal framework that now addresses safety, electromagnetic compatibility, cybersecurity, privacy and environmental sustainability.
At its core, the RED aims to create a single market for radio equipment by setting uniform standards for safety, health and efficient use of the radio spectrum. However, as technology has advanced, so have the risks and challenges. The growth of Internet of Things (IoT) devices, the rise of artificial intelligence, and the growing threat of cyberattacks have all required a more nuanced and adaptable approach to regulation.
The 2025 updates to the RED marked a significant milestone. Since 1 August 2025, requirements on network protection, personal data and privacy, and protection from fraud apply to a wide range of radio equipment (Articles 1 and 3 of Delegated Regulation (EU) 2022/30, as amended by Delegated Regulation (EU) 2023/2444). This has legal implications for liability, enforcement and the documentation that manufacturers must keep.
Which devices fall under the RED?
A common question for businesses and legal professionals is whether a specific product falls within the scope of the RED. The answer is not always straightforward, as the RED covers a wide range of devices, from everyday consumer electronics to specialised industrial equipment.
Under the RED, radio equipment is any electrical or electronic product that intentionally emits and/or receives radio waves for radio communication and/or radiodetermination, or that must be completed with an accessory, such as an antenna, to do so (Article 2(1)(1)). This also encompasses a wide range of consumer products, including – but not limited to – mobile phones, tablets, laptops, wearables such as smartwatches and fitness trackers, wireless headphones and earbuds, IoT devices for smart homes and industry, digital cameras, e-readers and navigation systems.
There are also important exclusions. Radio equipment used exclusively for public security, defence, State security or the activities of the State in the area of criminal law is outside the scope (Article 1(3)). Annex I also excludes, among others, radio amateur equipment that is not made available on the market, marine equipment covered by the Marine Equipment Directive, certain aviation products, and custom-built evaluation kits destined for professionals to be used solely at research and development facilities.
For legal professionals, accurately determining the applicability of the RED is a critical first step in advising clients. Misclassification can lead to significant legal and financial consequences, including product recalls, fines, and reputational damage. It is therefore essential to conduct a thorough analysis of the product’s intended use, technical characteristics, and market context.
Which essential requirements and standards apply?
At the heart of the RED are its essential requirements: protection of health and safety, an adequate level of electromagnetic compatibility, and the effective and efficient use of the radio spectrum (Article 3(1) and (2)). For certain categories of equipment, further requirements apply under Article 3(3).
Since 1 August 2025, protection of the network, of personal data and privacy, and from fraud (Article 3(3)(d), (e) and (f)) are essential requirements for the radio equipment specified in Delegated Regulation (EU) 2022/30.
Compliance with these requirements is typically demonstrated through the use of (harmonised) standards developed by European standardisation organisations such as ETSI and CENELEC. If harmonised standards are applied, they provide a presumption of conformity with the essential requirements they cover. Manufacturers are not obliged to use harmonised standards. However, for the requirements of Article 3(2) and (3), a manufacturer that has not applied them, or has applied them only in part, cannot rely on internal production control and must use EU-type examination or full quality assurance, which involve a notified body (Article 17(3) and (4)).
Which obligations do market participants have?
The RED imposes different obligations on manufacturers, authorised representatives, importers and distributors, each with its own legal risks and responsibilities.
Manufacturers under the Radio Equipment Directive
Manufacturers bear the primary responsibility for ensuring that radio equipment complies with all applicable requirements (Article 10). This includes conducting conformity assessments, preparing and maintaining technical documentation and the EU declaration of conformity, affixing the CE marking and providing clear instructions and safety information. Manufacturers must also monitor changes in standards and legislation, updating their products and documentation accordingly.
A key legal obligation is to keep the technical documentation and the EU declaration of conformity for 10 years after the radio equipment has been placed on the market (Article 10(4)). Failure to maintain these documents can hinder the ability to defend against enforcement actions or liability claims.
Authorised representatives under the Radio Equipment Directive
A manufacturer may appoint an authorised representative by written mandate to act on their behalf for specified tasks (Article 11). The authorised representative may, for example, keep the EU declaration of conformity and technical documentation available for national market surveillance authorities, provide necessary information and documentation and cooperate with authorities to eliminate risks posed by radio equipment.
Importers under the Radio Equipment Directive
Importers play a vital role in the compliance ecosystem, especially as products are sourced from outside the EU and placed on the EU market. Importers may only place compliant radio equipment on the market and must verify that manufacturers have fulfilled their obligations (Article 12), ensure that products are properly marked and documented and keep records accessible for market surveillance authorities. Importers are also required to take corrective action if they become aware of non-compliance, including notifying authorities and initiating product recalls if necessary. Furthermore, importers must indicate their name, registered trade name or trademark and postal address on the radio equipment, in a language easily understood by end-users and market surveillance authorities.
Distributors under the Radio Equipment Directive
Distributors must act with due care and verify, before making radio equipment available, that it bears the CE marking and is accompanied by the required documents (Article 13). They must verify that the manufacturer and the importer have complied with the labelling, identification and information requirements of Article 10(2) and (6) to (10) and Article 12(3). Distributors must also ensure that storage and transport conditions do not compromise compliance and must cooperate with authorities in the event of enforcement actions.
Notably, an importer or distributor is considered a manufacturer under the RED – and subject to the manufacturer’s obligations – if they place radio equipment on the EU market under their own name or trade mark or modify radio equipment already placed on the market in such a way that compliance with the RED may be affected (Article 14).
What are the consequences of non-compliance?
Non-compliance with the RED can have serious legal and commercial consequences. Market surveillance authorities in EU Member States can order product recalls, withdrawals from the market, bans and impose fines and other penalties.
Each Member State lays down the penalties for infringements; these must be effective, proportionate and dissuasive and may include criminal penalties for serious infringements (Article 46).
Beyond regulatory enforcement, non-compliance can expose businesses to civil liability, including lawsuits from consumers, competitors or other stakeholders. Reputational damage resulting from public recalls or enforcement actions can have lasting effects, undermining customer trust and market position.
Which recent changes affect radio equipment?
The legal framework for radio equipment is changing quickly. Three developments matter most for manufacturers, importers and distributors.
The importance of cybersecurity
Perhaps the most significant development is the application of the cybersecurity-related essential requirements. Since 1 August 2025, Delegated Regulation (EU) 2022/30 applies them as follows (Article 1):
- Article 3(3)(d), the equipment does not harm the network or its functioning nor misuse network resources: to all radio equipment that can communicate itself over the internet (“internet-connected radio equipment”);
- Article 3(3)(e), safeguards to protect personal data and privacy: to internet-connected radio equipment, childcare radio equipment, radio equipment covered by the Toy Safety Directive, and wearable radio equipment, if it can process personal data, traffic data or location data;
- Article 3(3)(f), features ensuring protection from fraud: to internet-connected radio equipment that enables the user to transfer money, monetary value or virtual currency.
In practice, manufacturers show compliance through a documented risk assessment and security measures such as access control, secure updates and secure storage of data, usually based on the harmonised standards mentioned below. Radio equipment that does not comply may not be made available on the market.
The categories of radio equipment concerned are set out in Delegated Regulation (EU) 2022/30. The requirements do not apply to radio equipment that is also covered by the Medical Devices Regulation (EU) 2017/745 (MDR) or the In Vitro Diagnostic Medical Devices Regulation (EU) 2017/746. Points (e) and (f) also do not apply to equipment covered by the EU aviation safety rules, the vehicle type-approval rules of Regulation (EU) 2019/2144 or the electronic road toll rules of Directive (EU) 2019/520 (Article 2).
To assess compliance with these essential requirements, harmonised standards EN18031-1:2024, EN18031-2:2024 and EN18031-3:2024 may be applied. Their references were published in the Official Journal on 30 January 2025 (Implementing Decision (EU) 2025/138), but with restrictions: for example, they do not give a presumption of conformity where the equipment allows the user not to set and use any password. The standards are available through the Netherlands Standardization Institute (NEN).
The essential cybersecurity requirements apply to manufacturers of radio equipment within the RED’s scope. Importers must only place compliant radio equipment on the market and Distributors are required not to offer radio equipment that does not meet the essential requirements.
This regime is temporary. Delegated Regulation (EU) 2026/339 repeals Delegated Regulation (EU) 2022/30 with effect from 11 December 2027, the date from which the Cyber Resilience Act (Regulation (EU) 2024/2847) applies in full. Its essential cybersecurity requirements include all elements of Article 3(3)(d), (e) and (f) RED. According to the recitals, the repeal does not affect market surveillance of radio equipment placed on the market between 1 August 2025 and 10 December 2027.
Harmonisation of charging standards
To reduce electronic waste and improve consumer convenience, Directive (EU) 2022/2380 introduced a common charger. Handheld mobile phones, tablets, digital cameras, headphones, headsets, handheld videogame consoles, portable speakers, e-readers, keyboards, mice, portable navigation systems, earbuds and laptops that can be recharged by wire must have a USB Type-C receptacle; above 5 V, 3 A or 15 W they must also support USB Power Delivery (Article 3(4) and Annex Ia). This applies since 28 December 2024, and for laptops since 28 April 2026. Where the equipment is offered with a charger, it must also be offered without one (Article 3a).
Manufacturers must provide information on the charging capabilities and compatible chargers in the instructions and on a label, and the packaging must show a pictogram indicating whether a charger is included (Articles 3a(2) and 10(8)). Legal professionals should advise clients on the implications of these requirements, particularly in relation to product design, labelling and marketing.
Environmental sustainability and the Green Deal
The EU’s Green Deal and Circular Economy Action Plan are driving changes in product design, recyclability and end-of-life management. Manufacturers are increasingly expected to consider the environmental impact of their products throughout the lifecycle, from raw material extraction to disposal.
Legal professionals must be prepared to advise clients on compliance with environmental regulations and on integrating sustainability considerations into product development and supply chain management.
Is there official guidance on applying the RED?
The European Commission has published a Guide to the RED to assist with its application. Although the Guide is not legally binding, it addresses practical issues relevant to manufacturers and other market operators or stakeholders.
Check the Commission’s website for the most recent version of the Guide before relying on it.
How is the directive enforced in the Netherlands?
While the RED is an EU directive, its implementation and enforcement are carried out at the national level. In the Netherlands, the Telecommunications Act (Telecommunicatiewet) and the Dutch Authority for Digital Infrastructure (Rijksinspectie Digitale Infrastructuur (RDI)) play central roles in ensuring compliance.
It is prohibited to place on the market, make available or put into service radio equipment that does not meet the requirements (Article 10.1 Telecommunications Act). Compliance is supervised by officials designated by the Minister (Article 15.1(1)(h)), in practice the RDI. Manufacturers, authorised representatives, importers and distributors must be able to provide the technical documentation, the EU declaration of conformity and other evidence of compliance on request. The Minister can impose an administrative fine of up to EUR 900,000 (Article 15.4(1)), doubled for a repeat infringement within five years (Article 15.4(1) and (5)), and can order non-compliant equipment to be taken off the market by an order subject to administrative enforcement (last onder bestuursdwang) (Article 15.2(1)(a); procedure in Article 15.17).
Instructions and safety information must be in a language that consumers and other end-users can easily understand, as determined by the Member State concerned (Article 10(8); for importers Article 12(4)). In the Netherlands, this language is Dutch or English (Article 10.2(2) Telecommunications Act).
How can you prepare for future changes?
The legal framework for radio equipment will continue to evolve. The convergence of technology, law and society will create new challenges and opportunities, from the integration of artificial intelligence and 5G to the emergence of new business models and regulatory frameworks.
For legal professionals, staying ahead of these trends will require a commitment to continuous learning, interdisciplinary collaboration and a willingness to embrace change.
Frequently asked questions about the Radio Equipment Directive
Does the RED apply to every product with Wi-Fi or Bluetooth?
In principle yes: a product that intentionally emits and/or receives radio waves for radio communication is radio equipment (Article 2(1)(1) RED). Exceptions apply to equipment used exclusively for public security, defence and State security, and to the equipment listed in Annex I (Article 1).
Which radio equipment must meet the RED cybersecurity requirements?
Since 1 August 2025: all internet-connected radio equipment (network protection); internet-connected, childcare, toy and wearable radio equipment that can process personal, traffic or location data (privacy); and internet-connected equipment that enables the transfer of money, monetary value or virtual currency (fraud). See Article 1 of Delegated Regulation (EU) 2022/30.
What happens to the RED cybersecurity requirements under the Cyber Resilience Act?
Delegated Regulation (EU) 2022/30 is repealed with effect from 11 December 2027 by Delegated Regulation (EU) 2026/339. From that date, the Cyber Resilience Act (Regulation (EU) 2024/2847) applies in full to products with digital elements within its scope; according to the recitals of Delegated Regulation 2026/339, its essential cybersecurity requirements include all elements of Article 3(3)(d), (e) and (f) RED.
Which devices need a USB-C charging port?
Thirteen categories listed in Annex Ia RED, including mobile phones, tablets, cameras, headphones, earbuds and, since 28 April 2026, laptops, in so far as they can be recharged by wire. For the other twelve categories the rule applies since 28 December 2024 (Article 2(1) Directive (EU) 2022/2380).
Who enforces the RED in the Netherlands?
The Minister responsible under the Telecommunications Act (Telecommunicatiewet), through designated officials, in practice the RDI (Article 15.1 Telecommunications Act). The Minister can impose an administrative fine of up to EUR 900,000 (Article 15.4(1)), doubled for a repeat infringement within five years (Article 15.4(1) and (5)), and can order non-compliant equipment to be taken off the market by an order subject to administrative enforcement (last onder bestuursdwang) (Article 15.2(1)(a); procedure in Article 15.17).
Primary sources
- Directive 2014/53/EU (RED), consolidated text of 30 May 2026: Articles 1, 2, 3, 3a, 10 to 14, 17, 46, 48 and 49 and Annexes I and Ia
- Delegated Regulation (EU) 2022/30, as amended by Delegated Regulation (EU) 2023/2444: Articles 1 to 3
- Delegated Regulation (EU) 2026/339 (repeal of Delegated Regulation 2022/30 with effect from 11 December 2027)
- Directive (EU) 2022/2380 (common charger), Article 2
- Implementing Decision (EU) 2025/138 (EN 18031-1, -2 and -3)
- Regulation (EU) 2024/2847 (Cyber Resilience Act)
- Dutch Telecommunications Act (Telecommunicatiewet): Articles 10.1, 15.1, 15.4 and 15.17
Product compliance law firm in the Netherlands
For any legal inquiries or support regarding product compliance in the Netherlands, please contact our expert team at MAAK Advocaten. Our Dutch lawyers are committed to providing high-quality legal services adapted to your specific needs.
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