European Commission: Stand-Alone Software, Including Games and Apps, in Scope of GPSR as of December 13, 2024 // Cooley // Global Law Firm
Summary
A significant focus of the reforms is new digital technologies, with the concept of “safety” being expanded to take into account the Internet of Things (IoT), artificial intelligence (AI) and mental health risks. This is the clearest indication yet that the commission considers stand-alone software in scope, as its Q&A document states that the GPSR “applies to all types of products (physical or digital products too, including software) that are placed or made available on the EU Single Market, as long as there are no specific provisions with the same objective under Union law which regulate the safety of the products concerned.” Cooley understands that, by extension, the commission also considers that app stores could qualify as “providers of online marketplaces” or “economic operators,” depending on their involvement in the supply of apps to consumers. • All instructions and safety information must be made available to consumers prior to purchase when offering products for sale online. We are awaiting publication of the commission’s guidance on the new GPSR rules, which we hope will shed some light on how these issues are expected to be dealt with in practice. We will provide further insight into these requirements as and when we learn more, but in the meantime, if you have any questions about potential impact or strategies to mitigate risk to your business, please reach out to your Cooley contact or one of the lawyers listed below.