Defined term
Commercial activity
The scope trigger the Regulation leans on but does not define in Article 3.
The Regulation applies to products made available on the market in the course of a commercial activity — and charging a price is only the most obvious form; charging for support or monetising in other ways counts too F-007. Unlike the supply-chain roles, "commercial activity" gets no numbered entry in Article 3; its contours come from the scope article and the recitals.
Where the line runs
Free and open-source software that is not monetised is not considered placed on the market F-009. Made available means supply for distribution or use on the EU market in the course of a commercial activity — so the same code can sit outside the Regulation as a hobby release and inside it once a business model attaches F-101 F-007.
The honest summary: an open-source license does not settle the question by itself; monetisation around the software does F-009 F-007.
Verified facts this page relies on
- F-007 The Regulation applies to products made available on the market in the course of a commercial activity; charging a price, charging for support, monetising via advertising or data, or otherwise intending to monetise are commercial activity. Art. 2(1), Art. 3(22), Recitals
- F-009 Free and open-source software not monetised is not considered placed on the market. Open-source software stewards (legal persons that systematically support free and open-source software intended for commercial activities) have a light regime: a documented cybersecurity policy, cooperation with authorities, and Article 14 reporting only where they are involved in development or where an incident affects their own development infrastructure; they do not affix CE marking and are not subject to fines. Art. 3(14), Art. 3(48), Art. 24, Art. 64(10)(b), Recitals 18–19
- F-101 Made available on the market means supply for distribution or use on the EU market in the course of a commercial activity. Art. 3(22)
Facts are maintained and human-verified in the CEMarque Facts Table (v2026.09.4, verified 2026-09-10).
Editorial review: Claude (AI reviewer, delegated by the editor), 2026-10-08. Methodology and correction process: how this site works.