Open source under the CRA

Where the manufacturer track ends and the steward regime begins.

The Regulation's open-source settlement has three tiers. Non-monetised free and open-source software is not considered placed on the market F-009. Legal persons other than manufacturers that systematically support free and open-source software intended for commercial activities are stewards, with a lighter regime F-009. And monetisation — charging a price, charging for support, or monetising through advertising or data — counts as commercial activity, which brings the product within the Regulation F-007.

The boundary cases

The recitals (not operative) indicate that accepting donations without the intention of making a profit is not commercial activity, while donations exceeding the costs of design, development and provision can be (Recital 15). The trap is drift: a project that starts free and later adds a paid tier changes its own answer, and the verdict is worth re-checking when monetisation changes F-102.

Verified facts this page relies on

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-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-102 Monetisation or commercial redistribution by you changes a non-commercial verdict; re-check when that happens. Recitals

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.

Related in the reference

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