Ships a mobile app, in Croatia

Zakon o obveznim odnosima, članci 1073 do 1080 · Read the law's page

• Treat standalone software as an open question under these articles: a product is a movable thing, a separate part built into a thing, or electricity and other forms of energy, and the text does not say whether software supplied on its own is one (Art. 1074).
• If you make a finished product, produce a raw material or a part built into a product, or put your name, trade mark or another distinguishing sign on a product, you answer as its producer (Art. 1076(1)).
• If you import a product for sale, lease or another form of putting it into circulation, you answer as its producer, jointly with the persons who made it (Art. 1076(2)).
• If the producer cannot be identified, inform the injured person within a reasonable time of the person you obtained the product from, or you are treated as the producer (Art. 1076(3)).
• A product is defective if it does not offer the safety that may legitimately be expected, judged on its presentation, the uses it can reasonably be put to and the time it was put into circulation (Art. 1075(1)).
• You carry the burden of proving a release from liability: that you did not put the product into circulation, that the defect did not exist when you did, that the product was not made for sale or a business purpose, that the defect results from compliance with mandatory rules, that the state of science and technical knowledge did not allow it to be discovered, or that the injured person or an unforeseeable third party alone caused the damage (Art. 1078(1)).
• Do not rely on a contract term to limit or exclude your liability to the injured person in advance; such a term is void (Art. 1079).
• Liability covers death, bodily injury and damage to a thing other than the defective product that is ordinarily intended for personal use, and the injured person bears the first EUR 500 of damage to a thing (Art. 1073(2) and (3)).
• A claim is time-barred three years after the injured person learned, or should have learned, of the damage, the defect and the producer, and the right to compensation is extinguished ten years after you put the product into circulation (Art. 1080).

NN 89/2025, čl. 3. st. 2. i 3., čl. 4., 6. st. 2., čl. 7., 15., 16. st. 3., 36. i 37. te Prilog I. odjeljci III. i IV. Zakona o zahtjevima za pristupačnost proizvoda i usluga · 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 website, mobile service, app, electronic ticket, travel-information and interactive self-service terminal elements of air, bus, rail or waterborne passenger transport, a consumer banking service, e-books and dedicated software, or an e-commerce service, design and provide the service to meet the accessibility requirements of Annex I, sections III and IV (urban, suburban and regional transport: section IV only) (Art. 3(2), 6(2) and 15(1); implements Directive (EU) 2019/882, Art. 4(1) and (3) and Art. 13(1)).
• Make the products you use to provide the service accessible under Annex I, sections I and II; give information about how the service works and about the accessibility features of the products used and their interoperability with assistive devices, through more than one sensory channel, in an understandable and perceivable way, in text that can be turned into alternative formats, in suitable fonts with sufficient contrast, with a text alternative for non-text content; keep websites (including related web applications) and mobile services and apps consistently perceivable, operable, understandable and robust; and where you offer support services (help desks, call centers, technical support, relay services, training), give information on the accessibility of the service and its compatibility with assistive technologies through accessible means of communication (Annex I, section III, point (d), as corrected from 15 October 2026 by the Act published in Narodne novine 114/2026).
• For an electronic communications service, offer real-time text alongside voice, total conversation where video is offered with voice, and synchronized voice and text (with video where offered) in communications to emergency services, passed to the most appropriate emergency answering point (Annex I, section IV, point (a)).
• For a service giving access to audiovisual media services, provide electronic program guides that are perceivable, operable, understandable and robust and show whether accessibility is enabled, and transmit access services (subtitles for the deaf and hard of hearing, audio description, spoken subtitles, sign language interpretation) with appropriate quality, synchronized with sound and video, under the user's control (Annex I, section IV, point (b)).
• For air, bus, rail or waterborne passenger transport, give information on the accessibility of vehicles, surrounding infrastructure and built environment and on assistance for persons with disabilities, and information on smart ticketing, real-time travel information and additional service information such as staff at stations, lifts out of order and temporarily unavailable services (Annex I, section IV, point (c)); for urban, suburban and regional transport, make the self-service terminals accessible under section I (Annex I, section IV, point (d)).
• For a consumer banking service, provide electronic identification, electronic signature, secure element and payment-service methods that are perceivable, operable, understandable and robust, and keep information understandable and no more complex than level B2 of the Croatian language in the Common European Framework of Reference for Languages (Annex I, section IV, point (e)).
• For e-books and dedicated software, provide synchronized text and audio where an e-book has audio content, do not prevent assistive technology from working, give access to content, navigation and display with a flexible structure and choice of presentation, allow alternative presentations that work with different assistive technologies, make e-books findable through accessibility metadata, and do not let digital rights management block accessibility features (Annex I, section IV, point (f)).
• For an e-commerce service, give information on the accessibility of the products and services sold where the responsible operator supplies it, make identification, security and payment functions that are part of the service perceivable, operable, understandable and robust, and provide identification, electronic signature and payment-service methods that are perceivable, operable, understandable and robust (Annex I, section IV, point (g)).
• Prepare the information required by Annex V explaining how the service meets the accessibility requirements, state it in your general terms or an equivalent document, make it 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 provided (Art. 15(2) and (3); implements Directive (EU) 2019/882, Art. 13(2)).
• Have a procedure that keeps the service in conformity, taking into account changes in the characteristics of the service, in the accessibility requirements, and in the harmonized standards or technical specifications on which conformity is based (Art. 15(4)).
• If the service does not conform, take the corrective measures needed and notify without delay the competent authorities of the Member States where the service is provided, with details of the non-conformity and the measures taken; on a reasoned request of the inspector, give all information needed to show conformity and cooperate on the measures taken (Art. 15(5) and 16(3)).
• The accessibility requirements apply only so far as compliance needs no fundamental alteration of the service and imposes no disproportionate burden; assess both against Annex VI, document the assessment and keep it for five years from the day the service was last provided, give the inspector a copy on request, repeat the burden assessment for each category or type of service when the service changes, when the inspector asks and at least every five years, and notify the authority of the Member State where the service is provided when you rely on the limit (Art. 17(1) to (4), (6) and (8)).
• A passenger transport service that meets the accessible-information and accessibility-information requirements of Regulations (EC) No 261/2004, (EC) No 1107/2006, (EU) 2021/782, (EU) No 1177/2010 and (EU) No 181/2011 and of the Croatian railway safety and interoperability law and the law establishing the agency for the investigation of air, maritime and rail accidents is treated as meeting the corresponding requirements of the Act, except where the Act sets an additional requirement (Art. 7; Directive (EU) 2019/882, Art. 5).
• The Act does not apply to micro entities of the small economy that provide services (Art. 4(2); Directive (EU) 2019/882, Art. 4(5)).
• The Act does not apply to pre-recorded time-based media and office file formats published before 28 June 2025, to online maps and mapping services where the key information is given in an accessible digital way for maps intended for navigation, to third-party content that you did not fund or develop and that is not under your control, or to archive content that is not updated or edited after 28 June 2025 (Art. 4(1)).
• Until 28 June 2030 you may keep providing your services with products you lawfully used for similar services before that date, service contracts concluded before 28 June 2025 may continue unchanged until they expire but for no more than five years from that date, and self-service terminals you lawfully used for services before 28 June 2025 may stay in use until the end of their economically useful life but for no more than twenty years after they entered use (Art. 37(1) to (3); Directive (EU) 2019/882, Art. 32).

Zakon o izmjenama i dopunama Zakona o obveznim odnosima · Read the law's page

• These rules are enacted but do not apply yet: they do not apply to products placed on the market or put into service before 9 December 2026, and Articles 1073 to 1080 now in force keep governing those products (Arts. 21(2) and 22 of the amending Act).
• If you develop or make a product, software included, or present yourself as its manufacturer by your name, trade mark or other distinguishing feature, you answer for damage a defect in it causes (Arts. 1072.a points 1 and 11, 1073(1) and 1076(1)).
• Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: a defect caused by software, by an update or upgrade, or by a missing update needed to maintain safety is not excused because it arose after you placed the product on the market (Arts. 1072.a point 5 and 1078(2)).
• Treat safety-relevant cybersecurity requirements and any recall as part of what decides whether your product is defective (Art. 1075(2) points 6 and 7).
• Allow for what the product learns or acquires after it is placed on the market, because the effect of that ability is weighed in deciding whether it is defective (Art. 1075(2) point 3).
• Keep evidence you could produce if a court orders you to disclose it: failing to disclose presumes the product defective (Arts. 1074(2) point 1 and 1074.a(1)).
• If you are outside the EU, the importer, your authorized representative or, failing both, the fulfilment service provider answers for the product in your place (Art. 1076(1) point 3).
• If you distribute a product, or run an online platform that lets consumers contract with traders, name the liable operator established in the EU or your own supplier within one month of the injured person's request, or you answer for the damage (Art. 1076(4) and (5)).
• 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 (Art. 1076(3)).
• If you build a software component into a product, you have no recourse against the maker of a defective software component that was a micro or small enterprise, or where you waived recourse by contract (Art. 1077.a).
• Do not rely on a contract term to limit or exclude liability to the injured person in advance; such a term is void (Art. 1079).
• Free and open-source software developed or supplied outside a business activity is outside these rules (Art. 1073(5)).
• A claim is time-barred three years after the injured person learned, or should have learned, of the damage, the defect and the identity of the economic operator, and the right to compensation is extinguished ten years after the product was placed on the market or put into service, or 25 years for a latent bodily injury (Art. 1080).