Recital 20 Distribution via open repositories


The sole act of hosting 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; on open repositories, including through package managers or on collaboration platforms, does not in itself constitute the making available on the market means 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 elements means 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 distributors means 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 software means 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.

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