By Yasmine EDDAM
2 May 2025
Technical standards occupy an ambiguous position in our legal system. Although they are considered to be voluntary, they have a considerable influence on the responsibilities of economic operators. This duality creates a complex legal framework that companies need to master in order to secure their activities and limit their exposure to risk. Technical standards and market access The application of technical standards directly affects companies' access to the market, creating a system of legal presumptions with significant effects. Presumption of conformity and its limits Compliance with a recognised technical standard generally confers a presumption of conformity with regulatory requirements. This presumption is a decisive advantage for market access, particularly in the European context. Under the European "new approach" system, compliance with harmonised standards whose references are published in the Official Journal of the European Union creates a presumption of conformity with the "essential requirements" defined by the directives. This presumption makes it easier to...
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