WEBVTT

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Hi, everyone. Welcome to the next talk, CRA integration. How to use open source tools to ensure

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your company is compliant to this cyber resilience act. Welcome to Florian Hackel and Anika

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Kaniman. And thank you and welcome from our side. We are very happy that we are

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allowed to speak here today at first. First of us, I'd like to introduce us my name

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as Anika Niemann, my colleague, Florian Hackel. And we are both lawyers and work at a law firm

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in Germany. We are something about 25 lawyers there, all specialized in IT law and the most

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of us with the focus for compliance. But we also advise on the CRA and on the I act and

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everything related to IT law. And today we want to talk about how first compliance measures

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support CRA obligations. Okay, we want to start with a short thesis. In general, our aim for this

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talk was how can first compliance support CRA readiness. And that is also the picture that you can

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see here in the background from our point of view. There is an issue or a topic that you can use

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your already existing first compliance to get ready for the CRA and that is symbolized by this

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bridge. And that's a very interesting thesis. And we thought we would like to offer you a special

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experience today and give you a short insight and our everyday work. And that's why for the next

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20 minutes, I will be a manager of a company with many questions through my lawyer, which I have

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to ask regarding the CRA. Okay, well let's start. First of all, let's quickly frame

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why first compliance suddenly matters so much more than a few years ago. Okay, so it's not

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any more just I don't want to get sued because of some copyright stuff, but it's more now.

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Yeah, today leaving exposure all the comes from the security vulnerability and especially in

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open source components because most of all, so proprietary code is open source now. We all know

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that. For example, think about a security system of a company that gets hacked because of

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a small vulnerability issue and an open source component. You have the manufacture are

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liable for that. Everyone with you and wants your money for that. Therefore, it's really important now.

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Okay, so not only copyright issues anymore, but also product liability. Yeah, even before this

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year A, there are already many customers or suppliers, things like that that have in

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their contracts, indemnification clauses, that assume that you as the manufacturing

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are actually now, which was used and on which license as you use it. And you've already mentioned

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the CRA, so this is the pivot point of all of this, correct? It is. It goes on top of that.

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Now with this year A, you don't only have, with a contractual obligations, but also

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regulation basis, where a thumb on, for example, an official attended entity can

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get it forth, all the obligations. There are fines. It's even a market entry point if you don't

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for through the regulation of CCRA. So a lot of a company has to oversee here.

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Yeah, and that's only about your own stuff. If you have a supply chain with a lot of suppliers in mind,

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it's getting even, I would not say worse, but more complicated, because you're not only

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responsible for your own stuff, but all the for everything that comes from your supplier.

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So what I fear is this huge amount of regulations, because I mean, this is not only to

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CRA, but we have data protection law, we have the IAC and to be honest, I do not even know where

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I can start here. I think that is a point where most of you and our other clients are struggling,

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because they all see these imminent threats of different regulations coming closer and closer

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without any idea what to do. But the good thing about them is they're all on the same basis.

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All of them tried to aim in a similar direction or one-time obligations to be fulfilled, therefore,

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if you know about the regulations. And now, how the interact, which is other, you can get

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summaries of obligations and perform them to fulfill different specifications of all the regulations.

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One example for the GDPR, NCRA both asks for privacy, security by default, or privacy by default,

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or by design, and both of them can be fulfilled by a good technical execution of your software,

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creating an S-form, things like that, and that helps a lot that you don't have this

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mass of regulations that you can fulfill. So I see there is an overlapping, but it's not only

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only this huge amount of regulations, but we also have many, many tools. And if I understood

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you correctly, we have to classify all of them to be sure that we are compliant. But again,

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I wouldn't use all the software or treat all the software the same way. I would try to funnel them

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as we describe on this picture and to start with, if you don't have anything in mind yet,

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start with an easier attempt. It is three-dimensional from our perspective, and I would start with

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the customer risk, though, everything that goes to your customer first level. Every step you can perform,

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S-form, evaluation manually, automated, everything you can think about it, do it. On the other

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hand, pecking to a third level, you have, for example, the in-group stuff, everything that goes to

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sister company, mother companies, a bit of effort, but not that much, and everything you use

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internally, I would not say forget it, but see me automated process with a bit of documentation

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should be enough. And if you want to adjust this, would they rather an easy level system,

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then you can include, for example, points like do a half a supply chain. There are a lot of

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suppliers here, one, two, three, then you have to level up your project because it's much more

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difficult to get all the necessary information or do you have code from one of your own developers

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with five to ten components, that is easy to handle. Okay, I understand it's a risk,

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page approached approach, so to speak, and I can focus on the high risk products and spend all

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the effort on them and all the others come later. Let's correct, let's see idea behind it, don't

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get panic, try to funnel for the relevant projects, spend much of your effort, you write your

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80% into them, document the rest, if one of the officially departments come to ask you for that,

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but in the end, don't treat them like every customer software you have. Okay, so that already

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sounds much more manageable for us, if you pay attention to the high risk products at first.

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Okay, the next thing is when we talk about risk levels, you have this assembly line.

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Yeah, exactly, I see the assembly line here, because I need a, I see this assembly line,

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but what I need beyond this is a guideline, I need to know what I have to do for the single

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products we produce. That is where you need a positive framework, because the risk level is only

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the first level on your compliance process. When you have the risks for your product, is it's

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really relevant to evaluate, okay, for which of the risks I do what, um,

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procedure in the end to fulfill the specifications. Um, with our first example, level 1 to 3,

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level 1, you need the S-bomb, you need, um, the cybersecurity team to evaluate vulnerabilities,

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you need it, if you go a bit aside from the CRA, a legal team though, me and my colleague, for example,

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to evaluate, do you have licensed preaches? What about the interaction of components? So a lot of

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work, a lot of effort, but everything should be in this policy framework on the other side,

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third level, um, bit of documentation that should be good enough. So the, the compliance level,

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um, must be, must be graduated, um, depends on the, on the risk level.

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Um, that's right, that should be the result, and when you have this technical level of your compliance

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process, the third step should be for each, pre-feature or step of this, um, compliance or

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policy framework, you should have concrete rules, who do what? Now, it's relevant that each of

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these step is, um, uh, pointed to one of the persons in your company. For example, the S-bomb

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should be created by the deaf team in this year as a deep pipeline. Um, the vulnerability check

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done by your security team. And, um, yeah, the legal point, easy to handle, the legalist,

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like us, we'll do the license evaluation. Okay, so let's think about this perfect world.

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Um, I, I'm in line with all the regulation you just mentioned, but I'm a little worried about

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the following situation. The authorities are knocking at my door and asked for proof that I

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fulfill all this regulation. So it says some way, I need to document or I need to, um, provide

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information to them. And it would say the, the most legally answer would be document everything.

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So if you can from the first step to the, the S-bomb, to the evaluation, to each decision,

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your legal, your security team performs, document them as good as you can, at best at one

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system, that you have everything ready and available if one of the authorities or, uh,

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third party asks for it. But, um, and now this is a bit of a hard attempt if you don't know

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what to do, but there are already great templates. You can use for that. For example, the open

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chain security assurance template or ISO 5203, all of them are from our point of view, um,

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an audit ready structure for espontaneration and false processing. Okay, thank you. Um,

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I think I get an understanding. So let me sum up, um, this strategy you just, you just

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developed. So first of all, um, I know I understood that I do not have to analyze all my products the

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same way, but I can start with the high risk products and then, um, focus on the lowest, uh, low

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risk products later. And, um, you agreed there are many regulations. However, um, there are, um,

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overlapping means, uh, with a single measure, I can cover, um, different, uh, different rules

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and different regulations. So that's, um, less effort for me and for our company. And, um,

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based on this understanding, I have now, um, an idea comes up because we already have, um,

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false compliance strategy. And, um, here we use, uh, common, uh, scan tools like

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phosology or the odd scan. Um, and only for the high risk products, we switch to commercial,

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uh, options when we need this depth and analyze. Um, and what I also thought about is we can, um,

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get in touch with our open source product, uh, project office, uh, Ospo. Um, because they know

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the code very well. So they can analyze the code. They can, um, help us to create the, uh,

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as well and also, um, can support, um, regarding the documentation stuff.

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That's all it's good. Um, um, okay, great, because now I started to see a picture here.

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But, uh, we haven't spoken about another point yet. Um, and, um, this is, um, security. Um,

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the thing is, um, even if I know my code, how can I identify, uh, vulnerability issues?

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And that is where our first picture comes into place, because the basis for your first

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evaluation is your S-bomb. The thing you already generated, um, you already named them good tools,

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like, for example, or, or now I know, uh, uh, sift of the tool I heard from, uh, a talk earlier

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that there is a new project, or for me, it wasn't just you, which is called S-bombify. So try them

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out, um, all of them are good, I think, and this S-bomb that you created. Um, it has a bit different

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I would say, including regarding false compliance or CRA, but if you have a standard system,

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you can take the B-s-bomb for everything and then do a cross-reference. You put it to your

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legal team on the left side for the false evaluation, um, at best with automated pre-filter,

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and less human evaluation. And on the other hand, you have your security team, which can, um,

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then, um, reference it to, for example, CVE or NVD database to get, um, already known vulnerabilities

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and then perform their vulnerability check. So that means we can, we can just use the information,

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we got, uh, we got from our open source compliance process and, um, build the vulnerability check

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just on it. Yeah, and that is the point from, from our perspective and how our clients experience

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it, um, how CRA becomes achievable because it demands from you to evaluate and manage your vulnerabilities

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and how could you do that if you don't know what's inside your software. Yeah, that's the crucial

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point, what's in our software, but, um, we also receive a software from suppliers and we do not

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know the software very well. I mean, for our own software, we know, um, what open source part, uh,

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what open source components we used, um, but, um, when we receive code from our suppliers,

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it's hard to analyze the sometimes and, um, how can I be sure that we, they are compliant with

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all the rules. Um, often from supply, it's, um, much more difficult because, um, for your own code,

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as you said, you know everything about it. From suppliers, it can be that you get an entirely

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black box. You just get some binders in the end and executable. You have to work with that

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and the first step for your future CRA compliance should be to look into your contracts and that

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is the point where, um, the league is coming to place because in the contracts, you can demand

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from your suppliers that they have to transmit the, the information relevant for the RA compliance,

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the documentation you need and all the stuff you want to get CRA ready. And if everything

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gets a bit messy and, uh, you're a suit by a third party, by a official, um, department,

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then besides this get the information in advance, you should already have liability clauses

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and indemnification clauses that you, as the, um, final manufacturer may be an open source or, um,

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a proprietary project, um, can transmit the, the costs and things you have to your suppliers,

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which, in the end, provided this fault. Okay, I see, so I need an lawyer with a good, uh,

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negotiation skills, um, but if I understood you correctly, if I get my own code on a control,

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if I get the code of my suppliers on a control, or at least have good, uh, contractual conditions,

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then I can just, finally press this fancy button you just mentioned, uh, and receive all the

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relevant information I can be asked for. Yeah, and from our point of view, if you performed

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all these, you know, not, not easy steps, um, let it the point where, um, compliance turns from

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obligation to an opportunity. So as a manager, I would say it doesn't really sound like an opportunity,

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because probably, um, it would cost a lot money and effort, um, but in the future, um, this effort

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is not only necessary, but from our perspective, it's a selling point, because all of your customers

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will in the future ask for the, uh, readiness and here are compliance, and if you come, um, transmit

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that with your, uh, purchase information, or after they ask, one or two minutes after the question is

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asked, that is a selling point, you won't miss. Okay, so from a manager point of view, probably,

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I can say, um, it's a product feature, and not only an enemy, I have to fight, and at this point,

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our drama is over and really, it's much back to our, to normal, to our normal rules, however,

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um, it was very helpful to try to switch the perspective, to understand the various and the

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fears our clients have, and, and to get a better understanding of them, um, and what we like to

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give you, and also our clients with, um, are some key takeaways, um, we learn during this process,

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and I think the main, main key takeaway is that first compliance is half the battle,

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um, where it comes to a clean, uh, vulnerability management, um, and that's why we believe, um,

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the topic for us will get more attention during the next years, and I mean, this is very,

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very good news for the open source community. Yeah, and that is one point I want to get a bit

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more in detail, because yesterday we heard a lot of, um, sessions regarding CRA and our my major,

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image, what we, um, here and, uh, the question that we're asked where that most of the open source

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developers feared the CRA, this big beast, um, they don't know how to handle, uh, what which

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application they have to, um, to fulfill and throw on, but to be honest, um, I think that is

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a wrong mindset. From my point of view, the CRA is opportunity for each open source developer,

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because, um, think the other way around, most of the manufacturers will have obligations to

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be fulfilled. The only way they can get the information to fulfill that is by asking the open source

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communities, open source developers, because most of their code is open source. On the other hand,

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from the CRA, there is no obligation that you have to transmit this information to them. Therefore,

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um, before the CRA, there was a bit of a situation from David Ruther's Goliath, you have this big

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companies, small open source developers, um, and they didn't care about open source to be honest.

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We visited in our practices all the day now, um, that open source is a nice topic, everyone wants

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a bit of compliance, but that's it. But now they have to issue, they have to care about open source

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compliance, and they have to ask you, therefore, two things are relevant from my point of view.

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The first thing is, um, they will invest a lot of money, hopefully, um, in the open source

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communities to get this CRA readiness, and the second thing is, um, you're on the trigger now,

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when you're the open source developer, and they need the information from you, demand what you want from them.

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Okay, I think that is everything we want to say for today, though, thanks every month,

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everyone for hearing, aloud, and listening to us, and yeah, we have five minutes left,

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so if there are any questions, point them out.

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Hello. So, um, when you talked about the relation between, let's say, business financing,

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and how open source developers fear the CRA, and the amount of work that entails,

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you're basically opposing big companies to open source developers, but there is also the open source

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companies, which are not big companies, they are open source communities that want to build an open

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source software and, um, make business out of it in a way that allows them to live and produce open

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source. I'm not sure what you mentioned about how the CRA applies, uh, applies to this situation,

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how, I mean, in this situation, the cost is to the same community in a way, would you comment on that, please?

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Yeah, um, the microphone is not the best, um, but you, if I was on a strength, the question correctly,

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it's about, um, when an open source community becomes the, the, uh, the deployer of the software

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and has to fulfill this specification of this year, is it correct? Okay, um, I think, hopefully,

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or the, the bad thing about this, there are not much, um, concrete rules and, um, playbooks from the,

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from the Inisa, the U Commission, or the, in Germany, the BSI, for example, um, to talk about

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who is only an open source duet, which is, I would say, the good position, because as an open source

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duet, most of the obligations are free. There are now fine, there are now, um, point the, the

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commissioner, or other departments can tackle you. Um, my whole will be in the future that the, um,

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the, the, the definition of open source duet and manufacturing, a manufacturer regarding

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that the software will form a bit more defined and each open source community should try to stick

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under the open source duet definition, because then they're good to go.

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Um, um, um, um, um, um, uh, question on, exactly the last point that you were just making. Um,

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every time I've looked, the U hasn't given much clear guidance, essentially saying. Sorry. Yeah,

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but, uh, my close, I'm, I'm closer to the microphone. Okay, uh, there we go.

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EU hasn't been particularly clear on whether me maintaining free open source project myself,

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kind as a manufacturer or not. Everything that you've just said says, essentially, I'm maintaining

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a thing. I put it under an unlicensed, good luck. Where are you hearing that from so that I can have

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to sleep a bit easier at night, because I'm worried that I'm myself. You mean that at an open

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source duet, you don't have that much obligations, or I, that I don't want to get sued,

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because someone gets hacked because of my weekend project that I released at a hackathon three

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years ago, but right now, I would kind of like, like, maintainer of that project.

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Okay, um, my issue with, um, I just wanted to, um, get the question a bit better.

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Though you're afraid of code that you have written years ago, and now you're the maintainer,

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or understood as still as maintainer of that code, and that someone comes and asks you to

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fulfill the obligation of this year. Uh, um, from my point of view, and the, the, the, the,

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the, the, they're unnot that much regulation, but yesterday was, well, the, um, what's the rhythm

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speakers from the BSI, for example, the German, um, and from the EU commission. And what they all

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pointed out is that they don't want to sue any open source developers, and that there are no,

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I would not say obligations, but, um, behind the obligations for open source duet, which

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are defined in 24, 25, here a, um, there is no rule set of finding these people, um, getting from

24:09.000 --> 24:15.160
the commission, um, uh, with a strict, uh, obligations to the open source to fulfill the specifications.

24:15.160 --> 24:20.200
Therefore, there are obligations, but they are, I would not call them them for free, but it's

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more of a guideline, how open source communities and stewards should support the manufacturers

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to fulfill their specifications, because to be honest, without that they're, they're lost in the end.

24:33.960 --> 24:38.680
So we have one more question from the chat. Thank you. Um, someone says they've implemented

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SBum generation for all of their packages, and they ask if you have tips on checking whether

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that's, uh, sufficient for compliance. Okay. I don't like that microphone. Can you just show me the?

24:56.920 --> 25:02.040
Um, you mean, uh, you mean, it is different for the compliance checking tools. Um,

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first of all, if you have, uh, an SBum generated from Tyklon DX, and that is something to be,

25:07.400 --> 25:12.280
sorry for that, but I'm the lawyer, not the technique in here. Um, I heard earlier today, um,

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there are already good two links to translate cyclone DX into the, I would say, here are

25:18.600 --> 25:24.840
ready, or licensed, compliant, led, uh, ready, SBums, and for the CRA, there are specifications

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from, um, the U commission and the BSI, for example, for Germany for licensed compliance,

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to be honest, um, we work with this every day. There are now specifications, what is necessary

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for a licensed compliance? The good thing is if you're working, I can work with the information,

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um, to evaluate all the relevant licenses, then it's good. And if you fulfill all the specifications

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of cyclone DX or SBDX, you're on a good way, um, to work with it, and for the first evaluation,

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as far as I know, all the open source tools we use, that is, or scan code, sociology,

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they all provide the SBums, um, in cyclone DX or SBDX, and they also fill the, the specifications

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that we can work with it.

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Fair to finish. Do we?

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Anika Florian. Many thanks for your offer, you.

