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Re: [open-regulatory-compliance] Placing software on the market - General issues
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On 15 Oct 2025, at 18:42, Steffen Zimmermann via open-regulatory-compliance <open-regulatory-compliance@xxxxxxxxxxx> wrote:
> the elephant in the room is the question on how to deal with the word product. There are two options.
> The software is the product or the download is the product. The FAQ supports somehow both views.
> Define product = software 1.0
> If (software 1.0 == product) then download(product)=making.available
> Define product = download(software 1.0)
> If (software 1.0 == product) then download(product)=placing.on.the.market
I guess we need to fix that - from the blue guide (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2022:247:TOC - 2.1 and its emphasis on simply being offered on the market by making it available (from 2.1):
A product intended to be placed on the Union market, **offered** in a catalogue or by means of electronic commerce, has to comply with Union harmonisation legislation when the catalogue or website targets its offer to the Union market and includes an ordering and shipping system (32).
Products **offered **for sale online or through other means of distance sales are deemed to be made available on the market if the offer is targeted at end users in the Union. An offer for sale is considered to be targeted at end users in the Union if an economic operator directs, by any means, its activities to a Member State. A case-by-case analysis should be carried out in order to establish whether an offer is targeted at end users in the Union. (33)
Combined with the clarity in section 2 and elsewhere that once it is traded (bought, gifted, offer taken) - that the moment is `over':
Once it reaches the end-user it is no longer considered a new product and the Union harmonisation legislation no longer applies.
I would lean towards the support period years starting on the day of the (last) transaction of _that_ version of the product. Each time you transact a `new product'.
Dw
