The revised EU Product Liability Directive (PLD) fundamentally changes the liability landscape for software and open hardware. While the Directive introduces an exemption for Free and Open Source Software developed or supplied outside the course of a commercial activity, the practical scope of this exemption remains uncertain and raises important questions for the FOSS ecosystem.
This talk examines how the new PLD applies to open source software and hardware projects and where maintainers, foundations, research institutions and commercial actors may face liability risks. Particular attention will be given to two increasingly common scenarios: open source projects developed within third-party funded research initiatives and software distributed under dual-licensing models. The talk will also explore whether the rationale behind the software exemption should extend to open source hardware.
Attendees will gain a practical understanding of when the PLD’s open source exemption is likely to apply, when liability risks may arise, and why contractual disclaimers alone cannot eliminate product liability under EU law. The session will further discuss how project governance, funding structures and distribution models can influence legal exposure.
As one of the first analyses of the new PLD from an open source (hardware) perspective, this talk provides timely guidance for open source stakeholders aiming to build digitally sovereign solutions on free and open source technologies. While only future case law from the Court of Justice of the European Union can provide definitive answers, the presentation offers a framework for understanding the emerging legal landscape and preparing for compliance today.
