Distributes a software product, in Hungary

2013. évi V. törvény a Polgári Törvénykönyvről, 6:550–6:559. § · Read the law's page

• Treat standalone software as an open question under this chapter: it applies to a defect of an ingó dolog (movable thing), and its text does not say whether software supplied on its own is one (Secs. 6:551, 5:14(1)).
• If you produce a product, a part or a raw material, or put your name, trade mark or another distinguishing sign on a product, you answer as its producer (Sec. 6:553(1)).
• If you bring a product into the European Economic Area in the course of your business, you answer as its producer (Sec. 6:553(2)).
• If you distribute a product whose producer cannot be identified, name the producer or the distributor that supplied you to the injured person within thirty days of a written request, or you answer as the producer (Sec. 6:553(3) and (4)).
• Make the product as safe as can generally be expected, having regard to its purpose, reasonably expected use, the information given about it, when you put it into circulation and the state of science and technology (Sec. 6:554(1)).
• Be ready to prove a Sec. 6:555 defense: that you did not put the product into circulation, did not make it for commercial distribution, that the defect arose after you put it into circulation, that it was not recognizable in the state of science and technology, or that applying a law or a binding regulatory requirement caused it (Sec. 6:555(1)).
• If you made only a raw material or a part, be ready to prove that the structure or composition of the end product, or the end producer's instruction, caused the defect (Sec. 6:555(2)).
• Do not rely on a contract term to limit or exclude your liability to the injured person, because it is void (Sec. 6:557).
• Keep the claim periods in view: the injured person has three years from learning of the damage, the defect and the producer, and your liability ends ten years after you put the product into circulation (Sec. 6:558).
• This chapter keeps governing a product placed on the market or put into service up to and including 9 December 2026, because the replaced provisions apply only to products placed on the market or put into service after that day (Sec. 55/A of Act CLXXVII of 2013, as inserted by Act XCII of 2025).

37. és 38. §, 2024. évi LXIX. törvény (IV. fejezet) · Read the law's page

• If you design or run a national cybersecurity certification scheme for ICT products, services or processes in Hungary, make the scheme meet the Section 38 security objectives, including protection of data across the life cycle, identification and documentation of known dependencies and vulnerabilities, security by default and by design, up-to-date software and hardware, and mechanisms for secure updating (Section 38).

2/2017. (I. 17.) NMHH rendelet, 3/A. § · Read the law's page

• If you place radio equipment belonging to the radio equipment classes that section 3/A covers on the market, make it meet the provisions of Act XVII of 2022 on products (NMHH Decree 2/2017, s. 3/A; Directive (EU) 2019/882, Art. 4(1)).
• Radio equipment that section 1(2) of the Decree excludes, such as amateur radio equipment that is not commercially available, marine equipment, certain aeronautical equipment, custom-built evaluation kits used only in research and development facilities, and equipment used in law enforcement, defence and national security activities, is outside the Decree (NMHH Decree 2/2017, s. 1(2)).
• If the European Commission determines a radio equipment class or category to which its requirement on access for people with disabilities applies, design radio equipment of that class to support features that make its use easier for persons with disabilities; none of the EU acts that Annex 6 to the Decree lists applies that requirement (NMHH Decree 2/2017, s. 3(3)(h) and Annex 6; Act C of 2003, s. 80(3)).

2022. évi XVII. törvény, 1. § (1) bekezdés, 2-5. §, 7. § és 1. melléklet 1-2. pont; a termékek piacfelügyeletéről szóló 2012. évi LXXXVIII. törvény, 6/A. §, 14/B-14/G. § és 15-16. § · Read the law's page

• If you manufacture a computer hardware system or operating system for consumers, a self-service terminal (including a payment terminal, and a ticketing, check-in or interactive information terminal used for a service in section 1(2)), 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 produce it to the accessibility requirements of Annex 1 that you place on the market in Hungary from 28 June 2025 (Act XVII of 2022, ss. 1(1), 3(1) and 11; Annex 1, points 1 and 2; Directive (EU) 2019/882, Art. 4(1) and (2) and Art. 7(1)).
• Make a self-service terminal text-to-speech capable, let the user use their own headset, warn the user through more than one sensory channel when a timed response is needed, allow the time to be extended, give it contrasting, tactile keys and controls where it has them, make it usable without first activating an accessibility feature, and, where it has audio, make it compatible with hearing technologies; make an e-reader text-to-speech capable; and make consumer terminal equipment for electronic communications services handle real-time text, support total conversation where it has video, connect wirelessly with hearing technologies and avoid interfering with assistive devices (Annex 1, points 1.3.15.1 to 1.3.15.3).
• Give the product, including its user interface, the features, elements and functions that point 1.3 of Annex 1 lists so that people with disabilities can access, perceive, operate, understand and control it, and, where you offer support services, have them give information on the product's accessibility and its compatibility with assistive technologies through accessible means of communication (Annex 1, points 1.3 and 1.4).
• Make the packaging, the information on the product and the instructions for use of the products that point 2 of Annex 1 covers accessible, and publish instructions that are not on the product in an accessible form (Annex 1, points 1.2 and 2).
• A product that meets harmonised standards, or the technical specifications of a Commission implementing act, whose references are published in the Official Journal of the European Union is presumed to meet the requirements those standards or specifications cover (Act XVII of 2022, s. 4(1) and (2)).
• If you are a manufacturer, draw up the technical documentation and carry out, or have carried out, the conformity assessment procedure of Annex 1 to the Market Surveillance Act, draw up the EU declaration of conformity, by which you take responsibility for the product's compliance, affix the CE marking before placing the product on the market, and keep the technical documentation and the declaration for five years after placing the product on the market (Market Surveillance Act, ss. 6/A(4) and (7) and 14/B(2) and (3)).
• If you are a manufacturer, keep procedures in place that maintain the conformity of series production, mark each product with a type, batch or serial number, mark it with your name and contact address, and supply instructions and safety information in Hungarian (Market Surveillance Act, s. 14/B(4) to (7)).
• If you are a manufacturer and judge, or have reason to suppose, that a product you placed on the market does not meet the Accessibility Act, take corrective measures without delay, inform the competent national authorities of the Member States where you distributed it, and keep a register of non-conforming products and complaints about them (s. 14/B(8)); give a market surveillance authority, when it asks with reasons, the information and documentation needed to show conformity (s. 14/B(9)).
• If you rely on the fundamental alteration or disproportionate burden condition for a product, as a manufacturer, importer or distributor, name in the EU declaration of conformity the accessibility requirements to which the exception applies, prepare the written assessment with detailed reasons and keep it for five years from the last distribution of the product, and inform the supervising authority; a manufacturer's technical documentation must demonstrate the fundamental alteration or disproportionate burden. A micro-enterprise need not inform the authority, and a micro-enterprise that deals in products need not prepare the written assessment but must hand over the data and information relevant to it when the authority asks (Act XVII of 2022, ss. 2 point 19 and 5(1), (3), (4) and (7); Market Surveillance Act, s. 6/A(1) and Annex 1, point 2).
• If you are an importer, place only conforming products on the market, and check before placing a product on the market that the manufacturer carried out the conformity assessment and drew up the technical documentation, including, where the manufacturer relies on the fundamental alteration or disproportionate burden condition, the demonstration of it, that the product carries the CE marking and the required documentation, and that the manufacturer marked its name and address and a type, batch or serial number on it (s. 14/D(1) and (2) and Annex 1, point 2).
• If you are an importer, do not place a product on the market that you judge, or have reason to suppose, to be non-conforming until conformity is ensured, inform the manufacturer and the market surveillance authorities, mark your name and address on the product or its packaging, supply the instructions in Hungarian, make sure storage and transport do not jeopardise conformity while the product is your responsibility, keep a copy of the EU declaration of conformity for five years, take corrective measures, keep the register of non-conforming products and complaints, and hand over documentation and cooperate when a competent authority asks (s. 14/D(3) to (9)).
• If you are a distributor, act with due care in relation to the requirements of the Accessibility Act, check before distributing a product that it carries the CE marking and is accompanied by the required documentation and the instructions in Hungarian, do not distribute a product you judge, or have reason to suppose, to be non-conforming until conformity is ensured, inform the manufacturer or importer and the market surveillance authorities, make sure storage and transport do not jeopardise conformity while the product is your responsibility, and hand over documentation and cooperate when a competent authority asks (s. 14/E(1) to (6)).
• If you place a product on the market under your own name or trademark, or modify a product already on the market in a way that may affect its conformity, you carry the duties of a manufacturer (s. 14/F).
• Identify to a market surveillance authority, on request, each operator that supplied you with a product and each operator you supplied, and be able to do so for five years (s. 14/G).
• If you appoint an authorised representative, give the representative a written mandate that lets it keep the EU declaration of conformity and the technical documentation for five years for the market surveillance authorities, hand over the information a competent authority asks for and cooperate with it; the manufacturer's design duty and the technical documentation stay outside the mandate (s. 14/C).

2025. évi XCII. törvény a magánjogi tárgyú törvények módosításáról · Read the law's page

• These rules are enacted but do not apply yet: they apply to products placed on the market or put into service after 9 December 2026, and sections 6:550 to 6:559 of the Civil Code now in force keep governing earlier products (Sec. 95(6) of Act XCII of 2025; Sec. 55/A of Act CLXXVII of 2013).
• If you develop, make or have made a product, software included, or present yourself as its manufacturer by your name, trade mark or other distinguishing sign, you answer for damage a defect in it causes (Secs. 6:550(1)(a), 6:552 and 6:554(2)(a)).
• Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: a defect that arises after you put the product into circulation because of software, an update or upgrade, or a missing update needed to maintain safety is not excused (Sec. 6:557(5)).
• Treat safety-relevant cybersecurity requirements and any recall as part of what decides whether your product is defective (Sec. 6:555(2)(f) and (g)).
• 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 (Sec. 6:555(2)(c)).
• Keep evidence you could produce if a court orders you to make it available: failing to do so presumes the product defective (Sec. 6:556(1)(a)).
• If you are outside the EU, the importer, your authorized representative or, failing them, the fulfilment service provider answers for the product in your place (Sec. 6:550(1)(c)).
• If you distribute a product or run an online platform that lets consumers contract with traders, identify the liable business established in the EU, or your own supplier, within one month of the injured person's request, or you answer for the damage (Sec. 6:550(5) and (6)).
• If you substantially modify a product outside the manufacturer's control and then distribute it or put it into service, you answer as its manufacturer (Sec. 6:550(4)).
• If you build a software component into a product, you have no recourse against a micro or small enterprise that made the software where you waived recourse in the contract (Sec. 6:551).
• Do not rely on a contract term to limit or exclude liability to the injured person, because it is void (Sec. 6:559).
• Free and open-source software developed or made available in the course of a non-commercial activity is outside the chapter (Sec. 6:559/B(2)(b)).