Source: OJ L 2024/2847, 20.11.2024
ENRecital 16 Exemption for public administration entities
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; provided as part of the delivery of a service for which a fee is charged solely to recover the actual costs directly related to the operation of that service, such as may be the case with certain 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; provided by public administration entities, should not be considered on those grounds alone to be a commercial activity for the purposes of this Regulation. Furthermore, 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; which are developed or modified by a public administration entity exclusively for its own use should not be considered to be made available on the market within the meaning of this Regulation.