Tracks devices, in Slovenia

225. člen Zakona o elektronskih komunikacijah (ZEKom-2) · Read the law's page

• Obtain the subscriber's or user's consent before storing data in their terminal equipment or gaining access to data stored there, after clearly and comprehensively informing them in advance about the controller and the purposes of processing in line with the personal data protection rules (article 225, paragraph 1).
• No consent is needed for technical storage or access solely to carry a message over an electronic communications network, or where strictly necessary to provide an information society service the subscriber or user expressly requested (article 225, paragraph 2).
• Where it is technically feasible and effective and in line with data protection rules, you can treat suitable browser or other application settings as the user's consent (article 225, paragraph 3).

Zakon o odgovornosti za proizvode z napako · Read the law's page

• If you develop or make software, have it developed or made, or present yourself as its manufacturer, you answer as the manufacturer; free and open-source software developed or supplied outside a commercial activity is not a product (draft Arts. 5(1) point 3 and 6(1)).
• Keep supplying the software updates and upgrades needed to keep the product safe while the product is under your control; where you kept control of the product, you cannot rely on the Article 10(1) point 2 excuse (that the defect probably did not exist when you placed the product on the market) for a defect that results from software, an update or upgrade, a missing safety update, a connected service or a substantial modification (draft Arts. 9(2) and 10(2)).
• Judge safety against all the circumstances, including cybersecurity requirements, what the product can go on to learn or acquire after it is placed on the market, a recall, and the effect of other products used with it (draft Art. 8(2)).
• Keep records you could produce: on a claimant's plausible claim the court orders you to disclose the relevant data and documents available to you, and failing to do so presumes the product defective (draft Arts. 18(1) and 19(1) point 1).
• Meet the mandatory safety requirements that protect against the harm suffered: a product that does not meet them is presumed defective (draft Art. 19(1) point 2).
• If you are a manufacturer outside the EU, your importer, your authorized representative or your fulfilment service provider answers for the product in your place; a distributor or online platform answers too if no such person can be identified and it does not name one within one month of the injured person's request (draft Arts. 11 and 12).
• If you substantially modify a product without the manufacturer's consent and then make it available on the market or put it into use, you answer as the manufacturer of the modified product (draft Art. 6(2) and (3)).
• Do not rely on a contract term to limit or exclude your liability to an injured person: a term departing from the Act's rules on liability to the injured person's detriment is null (draft Art. 16).
• Be ready to prove a draft Article 10(1) excuse: that you did not place the product on the market or put it into use, that the defect probably did not exist then, that it results from complying with legal requirements, that the objective state of scientific and technical knowledge did not allow it to be discovered, or, for a component maker or a person who substantially modified the product, the component and modification excuses (draft Art. 10(1)).
• Keep the claim periods in view: three years from the day the injured person learned or should have learned of the defect, the damage and who caused it; ten years from placing the defective product on the market or putting it into use; 25 years for latent personal injury (draft Art. 15).