Ships a mobile app, in Slovenia

Obligacijski zakonik (OZ), 155. člen · Read the law's page

• Do not assume this article answers whether standalone software is a thing the maker made: Article 155(1) speaks of a stvar (thing) and does not name software (Art. 155(1)).
• If you put into circulation a thing you made that, because of a defect, threatens persons or things with harm, you answer for the damage that the defect causes (Art. 155(1)).
• If you make a thing, do everything needed to prevent the harm you could foresee from its dangerous properties by a warning, safe packaging or another suitable measure, or you answer for those properties as well (Art. 155(2)).

Zakon o varstvu potrošnikov (ZVPot-1), 58. do 65. člen · Read the law's page

• Do not assume this chapter answers whether standalone software is goods: Article 59 speaks of any movable thing and electricity and does not name software (Art. 59).
• If you make goods, a component or a raw material, or put your name, trade mark or another distinguishing sign on goods, you answer as the producer; so do the importer and the first distributor of goods not made in Slovenia (Art. 4, points 5 and 20, and Art. 58(1)).
• Answer for death, bodily injury and damage to health, and for damage to another thing that is ordinarily meant for private use and was mainly used privately; the injured person bears a share of EUR 500 in damage to another thing (Art. 58(1) and (2)).
• If neither the producer nor the importer can be identified, tell the injured person within a reasonable time who the producer or importer is or who supplied you the goods, or you are treated as the producer (Art. 58(3)).
• Make goods as safe as a consumer may justifiably expect, judged on how you present them, their foreseeable use in a reasonable manner and the time you put them into circulation; goods are not defective only because better goods are put into circulation later (Art. 60).
• Be ready to prove an Article 64(1) excuse: that you did not put the goods into circulation, that it follows from the circumstances that the defect did not exist when you did, that the defect results from complying with mandatory rules, that you made only a component or raw material and the defect arose from the design or instructions of the goods it went into, that the state of science and technical progress did not allow the defect to be discovered, or that you did not make the goods for economic distribution or in the course of your activity (Art. 64(1)).
• Do not rely on a contract term to limit or exclude your liability under the chapter (Art. 64(2)).
• Answer persons who are not consumers as well: the rights under the chapter belong to them too (Art. 65).
• Keep the ten-year period in view: liability is tied to the ten years from the day you put the defective goods into circulation (Art. 63).

Splošni akt o določitvi informacij o kakovosti javnih komunikacijskih storitev, Uradni list RS, št. 32/23, izdan na podlagi 199. člena Zakona o elektronskih komunikacijah · Read the law's page

• If you provide access to public communications networks, internet access services or publicly available interpersonal communications services and control at least some network elements, directly or through a service level agreement, publish in one place, and update at least once a year, information on the measures that ensure equivalence in access for end users with disabilities (General Act, Art. 2).
• If you provide publicly available interpersonal communications services, publish at least the voice bandwidth, the properties of real-time text (a visually distinguishable display, a programmatically determinable direction, interoperability and responsiveness) and the properties of video transmission (resolution, frame rate and synchronisation) (General Act, Art. 4(1)).
• Publish whether you enable the measures listed in Annex 2 to the General Act (General Act, Art. 4(2)).
• Present the published data also in a way that is accessible to end users with disabilities, older people and persons with special needs, in line with ETSI EN 301 549 version 3.1.1 (General Act, Art. 5(2)).
• Make the published data easy to access, visible and understandable and found from your mobile application as well, with a link on the home page of your website (General Act, Art. 5(3)).
• Publish the data every year by 10 January for the whole of the previous year (General Act, Art. 5(4)).

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).