Distributes a software product, 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. 11., 13. i 34. Zakona o zahtjevima za pristupačnost proizvoda i usluga · Read the law's page

• If you import into the European Union a product listed in Article 3(1) from a third country, place on the market only a product that meets the accessibility requirements of Annex I (Art. 11(1); implements Directive (EU) 2019/882, Art. 9).
• Before placing the product on the market, check that the manufacturer carried out the conformity assessment of Annex IV, drew up the technical documentation, affixed the CE marking, supplied the necessary documents, and gave its identification and contact information as Article 9(6) to (8) requires (Art. 11(2)).
• If you consider or have reason to believe that the product does not conform, do not place it on the market until it meets the accessibility requirements, and inform the manufacturer and the inspector (Art. 11(3)).
• Show your name, registered trade name or registered trade mark and a contact address, with the contact details in Croatian and Latin script, on the product, or where that is not possible on the packaging or an accompanying document, and attach instructions and safety information in Croatian and Latin script (Art. 11(4) and (5)).
• While the product is your responsibility, do not let storage or transport conditions jeopardize its conformity (Art. 11(6)).
• Keep a copy of the EU declaration of conformity for five years for the inspector and make sure the technical documentation can be made available to the inspector on request (Art. 11(7)).
• If you find, or have reason to believe, that a product you placed on the market does not conform, take without delay the measures needed to bring it into conformity or withdraw it; if it does not meet the accessibility requirements, tell the competent national authorities of the Member States where you made it available, with details, and keep a record of non-conforming products and related complaints (Art. 11(8) and (9)).
• If you place a product on the market under your own name or trade mark, or modify a product already on the market so that conformity may be affected, you are treated as the manufacturer and carry the manufacturer's duties under Article 9 (Art. 13).
• The accessibility requirements apply only so far as compliance needs no fundamental alteration of the product and imposes no disproportionate burden, assessed against Annex VI, documented, and notified to the market surveillance authority where you rely on the limit (Art. 17(1) to (5) and (8)).

NN 89/2025, čl. 12., 13. i 35. Zakona o zahtjevima za pristupačnost proizvoda i usluga · Read the law's page

• If you make available on the market a product listed in Article 3(1) in the course of commercial activity, act with due care in accordance with the Act (Art. 12(1); implements Directive (EU) 2019/882, Art. 10).
• Before making the product available, check that it carries the CE marking, that the necessary documents and the instructions and safety information in Croatian and Latin script accompany it, and that the manufacturer and importer met their identification duties under Article 9(6) to (8) and Article 11(4) (Art. 12(2)).
• If you consider or have reason to believe that the product does not conform, do not make it available until it meets the accessibility requirements, and inform the manufacturer or importer and the inspector (Art. 12(3)).
• While the product is your responsibility, do not let storage or transport conditions jeopardize its conformity (Art. 12(4)).
• If you consider or have reason to believe that a product you made available does not conform, take without delay the measures needed to bring it into conformity or withdraw it, and notify the competent national authorities of the Member States where you made it available, with details of the non-conformity and the measures taken (Art. 12(5) and (6)).
• If you make a product available under your own name or trade mark, or modify a product already on the market so that conformity may be affected, you are treated as the manufacturer and carry the manufacturer's duties under Article 9 (Art. 13).
• The accessibility requirements apply only so far as compliance needs no fundamental alteration of the product and imposes no disproportionate burden, assessed against Annex VI, documented, and notified to the market surveillance authority where you rely on the limit (Art. 17(1) to (5) and (8)).

NN 89/2025, čl. 22. do 28. i 36.a Zakona o zahtjevima za pristupačnost proizvoda i usluga · Read the law's page

• If an inspector finds that a product does not meet the accessibility requirements, take the corrective measures the inspector requests within the period set, which must be reasonable and proportionate to the nature of the non-conformity (Art. 23(2)).
• Correct a formal non-conformity (a misplaced or missing CE marking, a missing or wrongly drawn EU declaration, missing or incomplete technical documentation, missing or wrong identification information, or another administrative requirement of Article 9 or 11) that carries no health or safety risk within the period set in the inspection record; if you do not, the inspector decides to prohibit placing the product on the market or to order its withdrawal (Art. 23(3) and (4)).
• Comply with an inspector's decision, where a product does not meet the requirements or poses a risk to health or safety, to remove the non-conformity within a period set, to stop placing the product on the market or making it available, to withdraw it immediately or recall it from end users and publish information on the risks, to destroy it where necessary to protect health or safety, to stop supply and display temporarily while examinations and tests run, or to put clear warnings in Croatian and Latin script on the product or give them to end users (Art. 23(5) to (7)).
• If you operate a public communications service, an internet access service or a hosting service, cooperate with the inspection authorities, and when a decision under Article 23(9) orders it for a non-conforming product sold at a distance, remove the content, restrict access to the online interface or display an explicit warning to end users; if you run a domain registry, delete the fully qualified domain name and let the authority register it (Art. 23(9) and (11)).
• Bear the cost of a product sample, examination or test if the sample is found not to meet the accessibility requirements, and the cost of an examination, test or expert assessment of an e-commerce service found not to conform, from 15 October 2026 (Art. 22(7) and 25(12), added by the Act published in Narodne novine 114/2026).
• If an inspector finds that a service does not conform, take the corrective measures requested in the inspection record within the period set, and comply with the decision ordering you to remove the non-conformity within the period it sets (Art. 26(1) and (2)).

NN 89/2025, čl. 3. st. 1., čl. 6. st. 1., čl. 9., 10., 19. do 21. i 32. do 33. Zakona o zahtjevima za pristupačnost proizvoda i usluga · Read the law's page

• If you place on the market a consumer general purpose computer hardware system (including a personal computer, notebook, smartphone or tablet) or an operating system for one, a payment terminal, an ATM, ticketing machine, check-in machine or interactive self-service information terminal, consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader, design and manufacture it to meet the accessibility requirements of Annex I, sections I and II (a self-service terminal: section I only) (Art. 3(1) and 6(1); implements Directive (EU) 2019/882, Art. 4(1) and (2)).
• Under Annex I, section I, design and make the product so that its foreseeable use by persons with disabilities is maximized: give the information on its use (labels, instructions, warnings) and the instructions made available by other means, such as a website, through more than one sensory channel, in an understandable and perceivable way, in fonts of adequate size and shape with sufficient contrast and adjustable spacing, with content in text formats usable for alternative assistive formats, a text alternative for non-text content, and descriptions of the user interface, of the accessibility functions and of the connection to assistive devices; and give the product and its user interface the features of point 2(a) to (n), among them more than one sensory channel, alternatives to speech, to color and to auditory signals, flexible magnification, brightness and contrast, volume and speed control, sequential control and alternatives to fine motor control, no need for extended reach or great strength, no triggering of photosensitive seizures, privacy when accessibility features are used, an alternative to biometric identification, sufficient and adjustable time, and software and hardware interfaces to assistive technologies (Annex I, section I, points 1 and 2).
• Except for a self-service terminal, make the packaging and the information on it (opening, closing, use, disposal, and the product's accessibility features where given) accessible, on the packaging where possible, and make installation, maintenance, storage and disposal instructions that are not on the product, but made available by other means such as a website, available to the public when the product is placed on the market and meeting the same information requirements (Annex I, section II).
• Meet the sector requirements of Annex I, section I, point 2(o): a self-service terminal provides text-to-speech, lets the user use personal headsets, warns through more than one sensory channel where a response is expected within a time, allows that time to be extended, has controls that are contrasted and tactilely distinguishable, does not require an accessibility feature to be activated before it can be used, and works with hearing technologies where it uses sound; an e-reader provides text-to-speech; consumer terminal equipment used for electronic communications services provides real-time text where it offers voice and text, supports high quality audio reproduction, provides total conversation where it offers video with text and voice, connects wirelessly and effectively to hearing technologies, and avoids interference from assistive devices; and consumer terminal equipment used to access audiovisual media services makes available the accessibility components that the audiovisual media service provider supplies for user access, selection, control, personalization and transmission to assistive devices (Annex I, section I, point 2(o)).
• As manufacturer, before you place the product on the market, verify that it is designed and made to meet the accessibility requirements, draw up the technical documentation and carry out (or have carried out) the conformity assessment of Annex IV, draw up the EU declaration of conformity and affix the CE marking, and keep the technical documentation and declaration for five years after placing the product on the market (Art. 9(1) to (4); implements Directive (EU) 2019/882, Art. 7).
• Keep series production in conformity, taking into account changes in the design or characteristics of the product and in the harmonized standards or technical specifications named in the EU declaration (Art. 9(5)).
• Give the product a type, batch or serial number or other identifier (on the packaging or an accompanying document where size or nature does not allow it), show your name, registered trade name or registered trade mark and a single contact address on the product, packaging or an accompanying document, with the contact details in Croatian and Latin script, and attach instructions and safety information, and any labelling, in Croatian and Latin script that is clear, understandable and intelligible (Art. 9(6) to (9)).
• If you find, or have reason to believe, that a product you placed on the market does not conform, take without delay the measures needed to bring it into conformity or withdraw it; if it does not meet the accessibility requirements, tell the competent national authorities of the Member States where you made it available, with details of the non-conformity and the measures taken, and keep a record of non-conforming products and related complaints (Art. 9(10) and (11)).
• The EU declaration of conformity states which accessibility requirements are subject to the exception of Article 17 (Art. 19(2)); from 15 October 2026 its form is drawn up in Croatian or translated into Croatian where the product is placed on the market in Croatia (Art. 19(4), added by the Act published in Narodne novine 114/2026).
• Affix the CE marking visibly, legibly and indelibly on the product or its data plate before placing it on the market, or on the packaging and accompanying documents where that is not possible or is justified by the nature of the product (Art. 20 and 21).
• If you act as an authorized representative appointed in writing, perform the tasks in the manufacturer's mandate, including keeping the EU declaration and technical documentation available to the inspector for five years and giving the inspector, on a reasoned request, the information and documentation needed to show conformity; the manufacturer's duty under Article 9(1) and the drawing up of the technical documentation are not yours (Art. 10; implements Directive (EU) 2019/882, Art. 8).
• The accessibility requirements apply only so far as compliance needs no significant change that fundamentally alters the basic nature of the product and imposes no disproportionate burden; assess both against Annex VI, document the assessment, give the inspector a copy on request and, unless you are a micro entity of the small economy, notify the market surveillance authority when you rely on the limit (Art. 17(1) to (5) and (8); implements Directive (EU) 2019/882, Art. 14).

NN 89/2025, čl. 8., 14., 16., 17., 18. i 30. st. 1. Zakona o zahtjevima za pristupačnost proizvoda i usluga · Read the law's page

• On the inspector's request, give the identity of every economic operator that supplied you with the product and every operator you supplied it to, and keep and be able to show that information for five years after the product was supplied to you and five years after you supplied another operator (Art. 14; implements Directive (EU) 2019/882, Art. 12).
• As manufacturer, importer or distributor, give the inspector on a reasoned request, in Croatian and Latin script, all information and documentation needed to show conformity, and cooperate on measures to remove non-conformity; an authorized representative cooperates on any action taken within its mandate (Art. 16(1) and (2)).
• The accessibility requirements apply only so far as compliance (a) needs no significant change that fundamentally alters the basic nature of the product or service and (b) imposes no disproportionate burden on you; carry out that assessment yourself on the criteria of Annex VI (Art. 17(1) and (2); implements Directive (EU) 2019/882, Art. 14(1) and (2)).
• Document the assessment and keep all relevant results for five years from the day the product was last made available on the market or the service was last provided, and give the inspector a copy on request (Art. 17(3) and (4)).
• If you are a micro entity of the small economy that deals with products, you need not document the assessment, but give the inspector on request the facts relevant to it if you relied on Article 17(1) (Art. 17(5)).
• If you provide a service and rely on the disproportionate-burden limit, repeat the assessment for each category or type of service when you change the service, when the inspector asks and at least every five years (Art. 17(6)).
• You may not rely on the disproportionate-burden limit where you receive funding from sources other than your own resources, public or private, to improve accessibility (Art. 17(7)).
• Unless you are a micro entity of the small economy, notify the relevant market surveillance authority or conformity-checking authority of the Member State where the product is placed on the market or the service provided when you rely on Article 17(1) for a specific product or service (Art. 17(8)).
• A product or service that conforms to the harmonized standards, or parts of them, whose references are published in the Official Journal of the European Union is presumed to meet the accessibility requirements those standards cover, and the same holds for conformity with technical specifications published there or set by an implementing act of the European Commission; the Act names no standard other than harmonized standards and technical specifications of that kind (Art. 18; implements Directive (EU) 2019/882, Art. 15).

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).