Sends automated texts, in Estonia

Võlaõigusseadus, §§ 1061-1067 · Read the law's page

• If you produce, import into the EU, or put your name or trade mark on a product, including computer software, you answer for the death, bodily injury or damage to health it causes while defective (Arts. 1061(1), 1062(1), 1063(1)).
• If you cannot name the producer or your own supplier to the injured person within a reasonable time after being asked, you answer as the producer (Art. 1062(2)).
• Be ready to prove one of the defences in Art. 1064(1): that you did not put the product on the market, that it was probably not defective then, that it was not made for sale or distribution in your business, that the defect results from mandatory requirements in force then, or that the state of science and technology did not allow the defect to be discovered.
• If you make a raw material or component, be ready to show that the defect results from the design of the finished product or the finished-product producer's instruction (Art. 1064(2)).
• Do not rely on a contract term to limit or exclude your liability to the injured person; it is void (Art. 1067).

Elektroonilise side seadus, § 103^1 · Read the law's page

• Use a natural person's electronic contact details for direct marketing only with their prior consent, and make the consent meet the conditions the GDPR sets (section 103^1(1)).
• When you use a legal person's electronic contact details for direct marketing, give a clear and understandable chance to refuse the use free of charge and in a simple way each time, and let the person exercise the right to refuse through the electronic communications network (section 103^1(2)).
• You need no prior consent to market your own similar products or services to a buyer whose electronic contact details you obtained in connection with a sale, but you must give the buyer a clear and understandable chance to refuse free of charge and in a simple way when you first collect the details and every time you use them, and let the buyer exercise the right to refuse through the electronic communications network (section 103^1(3)).
• Do not use electronic contact details for direct marketing where the person on whose behalf the information is sent cannot be identified, the information lacks an instruction or information that lets the recipient exercise the right to refuse, the information does not meet section 5, paragraph 2 of the Information Society Services Act, the information urges people to visit websites that do not meet those requirements, or the user, customer or buyer has refused the use (section 103^1(4)).
• Be able to prove the consent if the direct marketing is done on your behalf (section 103^1(5)).

Võlaõigusseaduse ning võlaõigusseaduse, tsiviilseadustiku üldosa seaduse ja rahvusvahelise eraõiguse seaduse rakendamise seaduse muutmise seadus (uue tootevastutuse direktiivi ülevõtmine) · Read the law's page

• Treat software as a product: software you develop or supply in your business answers like any other product, whether sold alone or built into another product (draft § 1063(1)).
• Keep supplying the software updates and upgrades a product needs to stay safe while it is within your control; a defect caused by software, an update, a missing safety update or a substantial modification within your control is not excused by saying it arose after you put the product on the market (draft §§ 1061(3[1]), 1061(3[2]), 1064(2[2])).
• Keep the technical documentation you could produce if a court orders disclosure on the injured person's application; failing to produce it presumes the product defective (draft §§ 1065[1](1), 1065(2)).
• If you are outside the EU, your importer or authorized representative answers for the product in your place, then your fulfilment service provider, then a distributor or online platform that does not name the responsible business within one month (draft § 1062[1](6), (7), (9), (10)).
• Be ready to prove one of the defences in § 1064(1), including that the defect could not be discovered given the state of science and technology when the product was put on the market, put into service or under your control (draft § 1064(1) point 5).
• Do not rely on a contract term to limit or exclude your liability to the injured person; it is void (draft § 1067).