- Grounds the category screening for RED Article 3(3)(d), (e), and (f), including internet-connected equipment, childcare equipment, toys with radio function, wearables, payment capability, and exclusions.
"protection of personal data and privacy"
This workflow helps decide which Article 3 essential requirements apply to a radio equipment type before selecting standards, tests, notified-body routes, labels, declarations, and technical-file evidence.
The workflow separates always-on Article 3(1) and 3(2) checks from category-specific Article 3(3) requirements, cybersecurity activation under Delegated Regulation (EU) 2022/30, and common-charging duties under Article 3(4) and Article 3a.
Structured answer sets in this page tree.
Cited legal and guidance references.
Article 3 selection is the RED gate that determines which must be demonstrated for a radio equipment type. Start with product facts, route each Article 3 branch separately, and keep the source, decision, evidence owner, and unresolved assumptions together in the technical-file record.
Do not begin by copying a standards list from a similar device. Article 17 requires conformity assessment against the in Article 3 and requires the assessment to take account of all intended operating conditions. If the equipment can take different configurations, the assessment must cover those configurations.
The first output should be a short scope record: what the radio equipment is, how it emits or receives radio waves, which EU markets and operating bands are intended, which accessories and software are needed for intended operation, and which economic operator is making the decision.
Article 3(1) and Article 3(2) are the baseline branches for radio equipment. Treat them as separate evidence questions because safety, EMC, and spectrum performance can be proven by different standards, tests, design files, and risk analyses.
Article 3(1)(a) covers protection of health and safety of persons, domestic animals, and property, including Low Voltage Directive safety objectives without a voltage limit. Article 3(1)(b) covers an adequate level of electromagnetic compatibility. Article 3(2) covers effective use and support for efficient use of radio spectrum in order to avoid harmful interference.
Article 3(3) is not a single universal checklist. Its points apply to categories or classes specified through the RED's implementing or delegated-act mechanisms. The selection record should identify the act that activates a point for the product, or state that no applicable activating act was identified; product capability alone does not activate every point.
The Article 3(3) list includes interworking with accessories, interworking via networks, connection to Union interfaces, network protection, safeguards for personal data and privacy, protection from fraud, access to emergency services, accessibility for users with a disability, and software controls where compliance of the radio equipment and software combination must be demonstrated.
Delegated Regulation (EU) 2022/30 is the key source for the Article 3(3)(d), (e), and (f) cybersecurity branch. It applies Article 3(3)(d) to internet-connected radio equipment, applies Article 3(3)(e) based on equipment category and personal, traffic, or location-data processing, and applies Article 3(3)(f) to internet-connected radio equipment that enables transfers of money, monetary value, or virtual currency.
The amended application date is 1 August 2025. Delegated Regulation (EU) 2026/339 repeals the category act from 11 December 2027, but RED surveillance continues for covered equipment placed on the Union market through 10 December 2027. Do not describe the cybersecurity branch as a general cybersecurity law for all electronics; it is RED Article 3 routing for specified radio equipment categories and classes.
Common charging applies to radio equipment that is listed in Part I of Annex Ia, has a removable or embedded rechargeable battery, and can be recharged by wired charging. For equipment meeting those conditions, assess the USB-C and cable requirements, charger unbundling, the pictogram, charging-capability information, the label, instructions, packaging, and distance-selling presentation.
The measures have applied to Annex Ia categories 1.1 to 1.12 since 28 December 2024 and to laptops, category 1.13, since 28 April 2026. Equipment charged above 5 V, 3 A, or 15 W must incorporate USB Power Delivery and must not let an additional charging protocol prevent its full functionality.
The final decision should state which Article 3 branches apply, which harmonised standards or other technical specifications support each branch, which conformity-assessment module is used, and whether a notified body is involved. The technical documentation should make it possible to assess conformity with the applicable RED requirements and should include the applied standards or the alternative solutions used.
Do not close the file with only a meeting note or a supplier assurance. The RED record should connect Article 3 selection to the technical documentation, EU declaration of conformity, CE marking, instructions, labels where applicable, and review triggers for later changes.
This workflow helps align product, regulatory, quality, legal, procurement, and engineering teams on which RED Article 3 branches apply, which sources support them, and which evidence must be kept before release.
"protection of personal data and privacy"
"It shall apply from 1 August 2025."
"repealed with effect from 11 December 2027"
"USB Type-C receptacle"
"technical documentation"
"presumption of conformity"
"USB-C is the common port"