Answer:

The CRA defines exemptions for Open Source software, which is developed and provided outside of any commercial activity (cf. Recitals 17-21 CRA). However, Open Source software that is distributed as part of such a commercial activity has to comply with the requirements of the CRA.

According to Recital 18 of the CRA, "the provision of products with digital elements qualifying as free and open-source software that are not monetised by their manufacturers should not be considered to be a commercial activity."

Please note that “[t]he sole act of hosting products with digital elements on open repositories, including through package managers or on collaboration platforms, does not in itself constitute the making available on the market of a product with digital elements.” (Recital 20 CRA).

CRA; FOSS; Open Source software

Most recent content update of this FAQ: September 2025

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