Tracks devices, in the European Union

Directive 2002/58/EC, Art. 5(3) · Read the law's page

• Obtain the user's or subscriber's consent, after giving them clear and comprehensive information about the purposes of the processing, before storing information on their device or accessing information already stored there (cookies, local storage, or any comparable technique that stores information on the device or reads information already stored there), whether or not that information is personal data.
• You do not need consent for storage or access that is strictly technical for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or strictly necessary for an information-society service the user explicitly requested.

Directive (EU) 2024/2853 · Read the law's page

• The Directive does not apply to free and open-source software that you develop or supply outside the course of a commercial activity (Art. 2(2)).
• If you develop or produce software, or have it developed under your name or trademark, and make it available in the course of a commercial activity, you answer as its manufacturer for damage it causes by a defect (Arts. 4(1), 4(10) and 8(1)(a)).
• Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control; a defect caused by their absence, or by software, updates or upgrades within your control, is not excused because it arose after you placed the product on the market (Art. 11(2)(b) and (c)).
• Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in deciding whether it is defective (Art. 7(2)(f)), and failing a mandatory product safety requirement that protects against the damage suffered presumes it defective (Art. 10(2)(b)).
• Account for what your product learns or acquires after release: the effect of any ability to continue to learn or acquire new features after it is placed on the market is weighed in deciding whether it is defective (Art. 7(2)(c)).
• Keep technical documentation you could produce if a court orders disclosure; failing to disclose presumes the product defective (Arts. 9(1), 10(2)(a)).
• If you are outside the EU, the importer or your authorized representative answers for the product in your place (Art. 8(1)(c)).
• If you substantially modify a product outside its manufacturer's control and then make it available on the market or put it into service, you are treated as its manufacturer (Art. 8(2)).
• Do not count on a contract term to limit or exclude your liability to an injured person; Article 15 bars it.
• Be able to show when you placed the product on the market or put it into service: you are not liable if you prove you did not, or that the defect probably did not exist at that time (Art. 11(1)(a) and (c)).