Data & Privacy
AI & Trust
Cybersecurity
Digital Services & Media
CHAPTER I
GENERAL PROVISIONSArticles 1 — 12
CHAPTER II
OBLIGATIONS OF ECONOMIC OPERATORS AND PROVISIONS IN RELATION TO FREE AND OPEN-SOURCE SOFTWAREArticles 13 — 26
CHAPTER III
CONFORMITY OF THE PRODUCT WITH DIGITAL ELEMENTSArticles 27 — 34
CHAPTER IV
NOTIFICATION OF CONFORMITY ASSESSMENT BODIESArticles 35 — 51
CHAPTER V
MARKET SURVEILLANCE AND ENFORCEMENTArticles 52 — 60
CHAPTER VI
DELEGATED POWERS AND COMMITTEE PROCEDUREArticles 61 — 62
CHAPTER VII
CONFIDENTIALITY AND PENALTIESArticles 63 — 65
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONSArticles 66 — 71
ANNEXES
Taking into account the importance for cybersecurity of many products with digital elements qualifying as free and open-source software that are published, but not made available on the market within the meaning of this Regulation, legal persons who provide support on a sustained basis for the development of such products which are intended for commercial activities, and who play a main role in ensuring the viability of those products (open-source software stewards), should be subject to a light-touch and tailor-made regulatory regime. Open-source software stewards include certain foundations as well as entities that develop and publish free and open-source software in a business context, including not-for-profit entities. The regulatory regime should take account of their specific nature and compatibility with the type of obligations imposed. It should only cover products with digital elements qualifying as free and open-source software that are ultimately intended for commercial activities, such as for integration into commercial services or into monetised products with digital elements. For the purposes of that regulatory regime, an intention for integration into monetised products with digital elements includes cases where manufacturers that integrate a component into their own products with digital elements either contribute to the development of that component in a regular manner or provide regular financial assistance to ensure the continuity of a software product. The provision of sustained support to the development of a product with digital elements includes but is not limited to the hosting and managing of software development collaboration platforms, the hosting of source code or software, the governing or managing of products with digital elements qualifying as free and open-source software as well as the steering of the development of such products. Given that the light-touch and tailor-made regulatory regime does not subject those acting as open-source software stewards to the same obligations as those acting as manufacturers under this Regulation, they should not be permitted to affix the CE marking to the products with digital elements whose development they support.