normakte / Software and open source
Pure software is also a product with digital elements when it is placed on the market. There are boundaries for cloud services and open source.
Whoever supplies software commercially – as a program, app or firmware – is a manufacturer under the CRA, with the same obligations as for hardware.
Pure software-as-a-service is generally not covered by the CRA but by other rules such as the NIS2 Directive. If remote data processing is part of the product and needed for its function, however, it is covered too.
Free and open-source software supplied outside the course of a commercial activity does not fall under the manufacturer obligations. Whoever integrates open-source components into their own products remains responsible for the whole product. A lighter regime applies to open-source software stewards that sustainably support commercial use.
Register with all CRA requirements, classification, SBOM, reports with deadlines, support period and a target page for user information – one trial file free until 20.01.2027.
Source. Regulation (EU) 2024/2847, OJ L, 2024/2847 of 20.11.2024. Summarised; only the official text is authoritative. normakte is not legal advice.