Recital 19 Regulatory regime for open-source software stewards

Taking into account the importance for cybersecurity means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; of many 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; qualifying as free and open-source software means software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; that are published, but not made available on the market within the meaning of this Regulation, legal persons who provide support on a sustained basis for the development of such products which are intended for commercial activities, and who play a main role in ensuring the viability of those products (open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products;), should be subject to a light-touch and tailor-made regulatory regime. Open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; include certain foundations as well as entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; that develop and publish free and open-source software means software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; in a business context, including not-for-profit entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations;. The regulatory regime should take account of their specific nature and compatibility with the type of obligations imposed. It should only cover 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; qualifying as free and open-source software means software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; that are ultimately intended for commercial activities, such as for integration into commercial services or into monetised 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;. For the purposes of that regulatory regime, an intention for integration into monetised 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; includes cases where manufacturers 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; that integrate a component means software or hardware intended for integration into an electronic information system; into their own 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; either contribute to the development of that component means software or hardware intended for integration into an electronic information system; in a regular manner or provide regular financial assistance to ensure the continuity of a software means the part of an electronic information system which consists of computer code; product. The provision of sustained support to the development 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; includes but is not limited to the hosting and managing of software means the part of an electronic information system which consists of computer code; development collaboration platforms, the hosting of source code or software means the part of an electronic information system which consists of computer code;, the governing or managing of 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; qualifying as free and open-source software means software the source code of which is openly shared and which is made available under a free and open-source licence which provides for all rights to make it freely accessible, usable, modifiable and redistributable; as well as the steering of the development of such products. Given that the light-touch and tailor-made regulatory regime does not subject those acting as open-source software stewards means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products; to the same obligations as those acting as manufacturers 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; under this Regulation, they should not be permitted to affix the CE marking means a marking by which a manufacturer indicates that a product with digital elements and the processes put in place by the manufacturer are in conformity with the essential cybersecurity requirements set out in Annex I and other applicable Union harmonisation legislation providing for its affixing; to the 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; whose development they support.