Duty LXD-6476
Ships a mobile app, in Cyprus
Each law's tag says when it binds: since in force proposed proposed
Ο περί Ελαττωματικών Προϊόντων (Αστική Ευθύνη) Νόμος του 1995, Law 105(I)/1995 on Defective Products (Civil Liability), Strict Liability of Producers (Directive 85/374/EEC)since 8 lines
Ο περί Ελαττωματικών Προϊόντων (Αστική Ευθύνη) Νόμος του 1995 (N. 105(I)/1995) · Read the law's page
- The Law applies to a movable good (κινητό αγαθό), including one contained in another good or built into immovable property, and to electricity and liquefied gas; it is not settled whether it reaches software supplied on its own or as a service (Article 2(1)).
- If you make a product or a component, including raw material, or present yourself as the producer by putting your name, trade mark or another distinguishing mark on the product, you answer for damage that the injured person proves a defect caused wholly or partly (Articles 2(1) and 5).
- If you import a product into Cyprus in the course of your business to supply it to another, you answer as if you were the producer (Article 6, point (a)).
- If you supply a product to another, answer in writing and within a reasonable time a written request to identify the producer or your own supplier, or you answer as if you were the producer (Article 6, point (b)).
- Offer the safety a person may expect, judged on all the circumstances, including how and for what purposes the product was put into circulation, any instructions, warnings or safety marks, and the time it was put into circulation (Article 4).
- Do not rely on a contract term, a notice or any other provision to limit or exclude your liability for damage from a defective product, because it is void (Article 7, point (c)).
- Be able to prove a defense: that you did not make the product for sale or distribution for economic purpose, did not put it into circulation, that the defect lay wholly in the design of the product it was built into or the producer's instructions, that it lay wholly in compliance with a statutory requirement, that it probably did not exist or appeared later, or that the state of scientific and technical knowledge did not allow the defect to be discovered (Article 12).
- Keep the claim periods in view: three years from the day the injured person knew or could reasonably have known of the damage, the defect and the producer, and ten years from the day the product was put into circulation unless an express guarantee ran longer or the damage could not reasonably be discovered earlier (Article 11).
Law 57(I)/2024 on the Accessibility of Products and Services, accessibility requirements for service providers, microenterprise exemption and transitional rulessince 14 lines
Ο περί της Προσβασιμότητας Προϊόντων και Υπηρεσιών Νόμος του 2024 (57(I)/2024), άρθρα 4(2), 5(3) έως (6), 14 έως 16 και 45 · Read the law's page
- If you provide to consumers an electronic communications service (other than machine-to-machine transmission), a service giving access to audiovisual media services, the websites, mobile services and applications, electronic tickets and travel information of air, bus, rail or waterborne passenger transport (and, for urban, suburban and regional transport, the interactive self-service terminals), a consumer banking service, an e-book or its dedicated software, or an e-commerce service, make the service meet the accessibility requirements in Annex I of the Law (Arts. 4(2), 5(1) and 5(3); Directive Arts. 2(2) and 4(3)).
- Meet Section III of Annex I, except for urban, suburban and regional transport services: make the products you use to provide the service accessible, give information on how the service works, its accessibility features and its interoperability with assistive devices through more than one sensory channel in an understandable and perceivable form, make your websites, related online applications, mobile device services and mobile applications consistently and adequately accessible so that users can perceive, use and understand them and rely on them, and have your support services (help desks, call centres, technical support, relay and training services), where you have them, give information on the service's accessibility and its compatibility with assistive technologies in accessible formats (Annex I, Section III(α) to (δ)).
- Meet Section IV of Annex I for the kind of service you provide. Electronic communications: offer real-time text in addition to voice, offer total conversation where video is provided, and keep emergency communications synchronised and routed to the most appropriate PSAP. Audiovisual media access services: provide electronic programme guides that are perceivable, usable, understandable and reliable and that show the availability of accessibility, and transmit subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation with adequate quality and synchronisation (Annex I, Section IV(α) and (β)).
- Passenger transport (air, bus, rail, waterborne): give information on the accessibility of vehicles, surrounding infrastructure and the built environment and on assistance for persons with disabilities, and give information on smart ticketing, real-time travel information and supplementary service information; for urban, suburban and regional transport, make the self-service terminals you use accessible under Section I (Annex I, Section IV(γ) and (δ)).
- Consumer banking: offer identification methods, electronic signatures, security and payment services that users can perceive, use and understand and rely on, and give information that does not exceed level B2 of the Common European Framework of Reference for Languages (Annex I, Section IV(ε)).
- E-books: provide synchronised text and audio where an e-book has both, do not let digital files obstruct assistive technology, allow access to and navigation of content and file layout and alternative renderings, make e-books findable through accessibility metadata, and do not let digital rights management obstruct accessibility features (Annex I, Section IV(στ)).
- E-commerce: give the accessibility information on the products and services sold where the responsible operator provides it, make the identification, security and payment function accessible where it is part of the service, and offer identification methods, electronic signatures and payment services that users can perceive, use and understand and rely on (Annex I, Section IV(ζ)).
- Draw up the information required by Annex III, explain how the services meet the applicable accessibility requirements, make the information available to the public in written and oral form, including in a manner accessible to persons with disabilities, and keep it for as long as the service is in operation; include it in your general terms and conditions or an equivalent document, in addition to the consumer information that Directive 2011/83/EU requires, with a general description of the service in an accessible format, the descriptions needed to understand how it works, and a description of how it meets the requirements of Annex I (Art. 14(β); Annex III, point 1; Directive Art. 13(2)).
- Have procedures so that the provision of services stays in conformity with the applicable accessibility requirements, taking due account of changes in the characteristics of the service, in the applicable requirements and in the harmonised standards or technical specifications on which conformity is declared (Art. 14(γ)).
- If a service does not conform, take the corrective measures needed to bring it into conformity and inform the competent authority at once, with details of the non-conformity and the measures taken; on a reasoned request give the competent authority and the accessibility surveillance authorities the information needed to show conformity and cooperate with them on the measures taken (Art. 14(δ) and (ε)).
- Assess whether compliance would require a significant change that fundamentally alters the basic nature of the service or would impose a disproportionate burden by the criteria in Annex IV; document the assessment, keep the results for five years from the last time the service was provided, and give the authorities a copy on request (Art. 15(2) and (3)).
- Renew the disproportionate-burden assessment for each category or type of service when the service is altered, when the authorities ask, and at least every five years (Art. 15(5)).
- Inform the competent authority when you rely on the fundamental alteration or disproportionate burden defence for a particular service, unless you are a microenterprise (Art. 15(7)); if you receive funding from sources other than your own resources, public or private, provided for the purpose of improving accessibility, you cannot rely on the disproportionate burden defence (Art. 15(6)).
- You may continue to provide services using products you lawfully used for similar services before until ; service contracts agreed before may continue unchanged until they expire and for no more than five years from that date; self-service terminals lawfully used before may stay in use until the end of their economically useful life and for no more than 20 years from first use (Art. 45).
Ο περί της Ευθύνης λόγω Ελαττωματικών Προϊόντων Νόμος του 2026, Liability for Defective Products Bill, consultation draft transposing Directive (EU) 2024/2853proposed12 lines
Ο περί της Ευθύνης λόγω Ελαττωματικών Προϊόντων Νόμος του 2026 (Liability for Defective Products Bill) · Read the law's page
- This bill is not law: the consultation draft was posted on , and it would apply to products made available on the market after (draft Articles 3(1) and 18(1)).
- If you develop, make or produce software, have it designed or made, or put your name or trade mark on it, you answer as its manufacturer; free and open-source software developed or supplied outside a commercial activity is outside the draft (draft Articles 2 and 3(2)(a)).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control; a defect from software, an update or upgrade, a missing safety update, a related service or a substantial modification is not excused on the ground that the defect arose after you placed the product on the market (draft Article 10(2)).
- Judge safety against all the circumstances, including cybersecurity requirements, any ability of the product to keep learning or acquire new features after it is placed on the market, and any recall (draft Article 6(2)).
- Keep documents you could produce: when a claimant shows facts and evidence supporting a plausible claim, the court can require you to disclose the documents in your possession or control, and failing to produce the relevant evidence presumes the product defective (draft Articles 8(1) and 9(2)(a)).
- Meet the mandatory safety requirements, national or EU, that protect against the harm suffered: a claimant who shows that a product does not meet them gets a presumption of defect (draft Article 9(2)(b)).
- If you are the importer, the authorized representative or the fulfilment service provider of a manufacturer established outside the EU, you answer in the manufacturer's place; a distributor, or an online platform that lets consumers conclude distance contracts with traders, answers too if it does not name an operator or its own supplier within one month of the request (draft Article 7(1)(c), (3) and (4)).
- If you substantially modify a product outside the manufacturer's control and then make it available on the market or put it into service, you answer as its manufacturer (draft Article 7(2)).
- Do not rely on a contract term or national law to be released from liability to the injured person (draft Article 14).
- Be ready to prove an excuse: that you did not place the product on the market or put it into service, that the defect probably did not exist then or appeared afterwards, 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 the component and modification excuses (draft Article 10(1)).
- If you integrate a software component made by someone else into a product, you cannot sue the component's manufacturer where it was a micro or small enterprise when it placed the component on the market or you agreed by contract to waive that right (draft Article 11(2)).
- Keep the claim periods in view: three years from the day the injured person learned or could reasonably have learned of the damage, the defect and the liable operator; ten years from the day the defective product was placed on the market or put into service; 25 years where latent personal injury prevented a claim (draft Articles 15 and 16).