Recital 15 Scope limited to commercial activity

This Regulation applies to economic operators means the manufacturer, the authorised representative, the importer, the distributor, or other natural or legal person who is subject to obligations in relation to the manufacture of products with digital elements or to the making available of products with digital elements on the market in accordance with this Regulation; only in relation to products with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately; made available on the market, hence supplied for distribution or use on the Union market in the course of a commercial activity. Supply in the course of a commercial activity might be characterised not only by charging a price for a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;, but also by charging a price for technical support services where this does not serve only the recuperation of actual costs, by an intention to monetise, for instance by providing a software means the part of an electronic information system which consists of computer code; platform through which the manufacturer means a natural or legal person who develops or manufactures products with digital elements or has products with digital elements designed, developed or manufactured, and markets them under its name or trademark, whether for payment, monetisation or free of charge; monetises other services, by requiring as a condition for use the processing of personal data means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679; for reasons other than exclusively for improving the security, compatibility or interoperability of the software means the part of an electronic information system which consists of computer code;, or by accepting donations exceeding the costs associated with the design, development and provision of a product with digital elements means a software or hardware product and its remote data processing solutions, including software or hardware components being placed on the market separately;. Accepting donations without the intention of making a profit should not be considered to be a commercial activity.