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Does the CRA Apply to Your Software? Scope & Exemptions

"Does this CRA thing even apply to my game, app, or software library?" Good question. Let's break it down.

Generally, Yes, If...​

The CRA applies to "products with digital elements" (Article 2 Paragraph 1). For you, this means most software:

  • Standalone software (games, apps, tools).
  • Software components or libraries you sell or provide commercially.
  • Game engines, app engines.
  • Software that includes a "remote data processing solution" – think apps with a cloud backend that's essential for a feature (Article 3 Items 1, 2).

The key is if it's "made available on the market" in the course of a "commercial activity" (Recital 15; Article 3 Item 22). This isn't just about charging a price. Monetizing through other services, ads, or even requiring personal data beyond basic functionality can count (Recital 15).

Key Exemptions & Special Cases for Software:​

Truly Non-Commercial Free and Open-Source Software (FOSS)​

If you develop FOSS and don't monetize it (no commercial activity), the main CRA obligations for manufacturers likely do not apply to you directly (Recital 18).

  • However, if others integrate your FOSS component into their commercial product, they are responsible for the CRA compliance of their final product (Recital 18).
  • "Open-source software stewards" (like certain foundations that systematically support FOSS intended for commercial activities) have a lighter set of specific obligations (Recital 19; Article 24).

Testing Software (Alpha/Beta)​

Unfinished software (like beta versions of your game or app) can be made available for testing for a limited time without full CRA compliance, provided you clearly state it's non-compliant and only for testing (Article 4 Paragraph 3).

National Security/Defence​

Software developed exclusively for these purposes is out (Article 2 Paragraph 7).

Very Specific EU Laws​

Certain sectors like medical devices or aviation have their own detailed rules that may take precedence (Article 2 Paragraphs 2, 3, 5).

Key Takeway​

Most typical commercial games, apps, and paid software components will fall under the CRA.