Recital 20 Distribution via open repositories

The sole act of hosting products with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; on open repositories, including through package managers or on collaboration platforms, does not in itself constitute the making available on the marketmeans the supply of a product with digital elements for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; of a product with digital elementsmeans a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;. Providers of such services should be considered to be distributorsmeans a natural or legal person in the supply chain, other than the manufacturer or the importer, that makes a product with digital elements available on the Union market without affecting its properties; only if they make such softwaremeans the part of an electronic information system which consists of computer code; available on the market and hence supply it for distribution or use on the Union market in the course of a commercial activity.