New EU Regulations: How They Affect Technical Documentation

The following EU legislation is relevant to technical communication:

• General Product Safety Regulation: Every product must come with instructions

The General Product Safety Regulation is replacing the previous General Product Safety Directive with effect from December 13, 2024. What has changed is that manufacturers will now be required to carry out an internal risk assessment. The creation of technical documents is also mandatory under the new legislation. For consumers, “clear instructions and safety information” must be enclosed with the product, with one exception: “That requirement shall not apply where the product can be used safely and as intended by the manufacturer without such instructions and safety information.” Other than printed instructions, manufacturers may only provide information in digital form.

• Machinery Regulation: Technical documentation goes digital

The new Machinery Regulation has already been adopted and applies in part as of April this year, with the updated guide to the Machinery Directive, and in full from January 20, 2027. It is a revised version of the previous Machinery Directive. The regulation permits the provision of digital operating instructions if it is clear from the machine, packaging or accompanying documents how a user can access them. However, manufacturers must provide a printed copy in paper form on request and must continue to provide the safety information largely in printed form for non-professional users.

Further information can be found in the tekom white paper on the new Machinery Regulation, to which Roland Schmeling was a contributor.

• Ecodesign Directive: The digital product passport is coming

The new Ecodesign Directive promotes and demands the environmentally friendly design of products, with the exception of food and pharmaceuticals. The regulation is an overarching set of rules. Criteria for individual product groups are also currently in development. The Ecodesign Regulation and a supplementary directive set out two new important stipulations that also impact technical communication:

1. The introduction of the digital product passport: The passport is a digital data set containing details about a product, such as the materials used, information on suitability for repair, spare parts, and correct disposal. Access to the digital product passport provides consumers, market surveillance authorities, and all stakeholders in the value chain with greater transparency than before.
2. The right to repair: Repairing a product rather than throwing it away and buying a new one is what the EU Commission is aiming at with the right to repair. Manufacturers must make repairs easier and are also obliged to provide the relevant information needed to do so. As such, an additional task will await technical writers.

Both sets of regulations will initially apply to specific products, although it can be assumed that they will gradually be extended to include other products.

The Ecodesign and right to repair directives will result in a requirement for more technical information, which will be provided via several channels in specific formats. At the same time, it must always be up to date.

As such, the single source principle (i.e. a common data source within the company) is becoming more important than ever. Furthermore, there is a need for collaboration between the people and departments involved in instructions, the digital product passport, labels, the product website, and packaging.

• Green Claims Directive: No more scope for greenwashing

This directive (which is currently in the EU legislative process) will set out provisions to govern environmental advertising claims, which will need to be scientifically proven. Furthermore, the regulation will also require that negative environmental impacts be stated. With it, the EU Commission aims to prevent greenwashing.

The new directive may result in more research effort on the part of technical writers, for example when describing the environmentally friendly use of a product. Quality assurance across all information channels is also required, in order to prevent false advertising claims.

• Artificial Intelligence Act: Technical documentation for products with AI

In May 2024, the European Union passed the Artificial Intelligence Act, the world's first law designed to regulate AI. It now needs to be transposed into national law in the member states. The regulation is particularly relevant to companies that place artificial intelligence on the market, operate it or use it in their products. AI systems are divided into four risk classes in the Artificial Intelligence Act, for which different obligations and requirements apply – also with regards to their technical documentation. In many cases, however, the information requirement exceeds the current scope of standard operating instructions. For example, users must be given transparent information about when and how artificial intelligence is used in a product and they must also be informed about the risks of this use. The tekom Europe position paper on this topic goes into this in detail.

• Cyber Resilience Act: Cyber security as an integral part of technical documentation

With the Cyber Resilience Act, the European Commission is aiming to enhance the cyber security of products that are connected to the Internet. The regulation is currently in the European legislative process (as of June 2024). Once it comes into force, manufacturers will be required to meet stricter requirements to ensure the safe use of their products. Users should be able to take cyber security into account when selecting and using products with a digital component. The Cyber Resilience Act has an impact on risk assessment, which in future must take into account external influences from the network on products. The technical documentation will also be tasked with providing information on how a product’s cyber security is ensured and will need to describe the risks.

Conclusion: New tasks for technical writers

As you’ll have already ascertained – technical documentation is set to become even more important in the future. Not only that, the information you provide will become wider in scope. And at the same time, the regulations are dynamically adapting in response to real-world changes, resulting in new requirements being added on a regular basis. Companies must rise to this challenge. Check out our separate blog (link) to find out how to do this.