HORAK. RECHTSANWÄLTE · LAW AND TECHNOLOGY
Product safety begins with the right legal classification.
We help businesses identify their role and the applicable requirements for machinery, electrical products, components and digitally connected products supplied to the European market.
Machinery and overlapping requirements
Classification determines whether a product is complete machinery, partly completed machinery, a safety component or another regulated product. The applicable requirements may also involve electrical safety, electromagnetic compatibility, radio equipment or other product-specific legislation.
The Machinery Directive 2006/42/EC remains central during the transition. Regulation (EU) 2023/1230 generally applies from 20 January 2027, subject to its specific transitional and earlier-applying provisions. Existing obligations and future requirements must be distinguished carefully.
Responsibility and documentation
We advise on allocation of responsibilities between manufacturers, authorised representatives, importers, distributors and integrators. The review may cover risk assessment processes, technical documentation, instructions, declarations and contractual arrangements with suppliers.
A legal review does not substitute for an engineering risk assessment, physical testing or a required notified-body procedure. We work with your technical team to align the legal documentation with the actual product and supply chain.
Market surveillance, corrective action and recalls
When a safety issue arises, the priorities include protecting users, preserving evidence, assessing notification requirements and selecting proportionate corrective measures. We support communications with business partners and authorities, allocation of recall costs and the defence or pursuit of resulting claims.
Cybersecurity, AI functionality and changes after placing a product on the market can affect the analysis. These issues should be documented and reviewed against the specific legislation and its application dates.