Distributes a software product, in Luxembourg

Loi du 21 avril 1989 relative à la responsabilité civile du fait des produits défectueux · Read the law's page

• If you manufacture a finished product, a raw material or a component, or present yourself as the producer by putting your name, trade mark or another distinguishing mark on the product, you answer for the damage a defect in it causes (Arts. 1 and 2, point 2).
• If you import a product into the Community for sale, hire, leasing or another form of distribution in the course of your business, you answer as the producer (Art. 2, point 2).
• If the producer cannot be identified and you supply the product, tell the victim within a reasonable time who the producer or your own supplier is, or you answer as the producer (Art. 2, point 2).
• Offer the safety a person can legitimately expect, judged on all circumstances including the presentation of the product, the use that can reasonably be expected and the time it was put into circulation (Art. 2, point 3).
• Be able to prove, if you rely on a defense, that you did not put the product into circulation, that the defect did not exist when you put it into circulation or arose afterwards, that the product was not made for sale or distribution with an economic purpose or in the course of your professional activity, or that the defect is due to compliance with mandatory rules of the public authorities (Art. 4(a) to (d)).
• If you make a component, be able to prove that the defect is attributable to the design of the product it was incorporated into or to the instructions of that product's manufacturer (Art. 4(e)).
• Do not rely on a limiting or exonerating clause against the victim, because it cannot limit or exclude your liability (Art. 5).
• Answer jointly and severally with every other person liable for the same damage (Art. 6).
• The Act applies to a movable good, including one built into another movable or an immovable, and to electricity; whether it reaches software supplied on its own or as a service is not settled (Art. 2, point 1).

Art. 1, 5 et 6, Loi du 20 décembre 2024 (Mémorial A n° 604) · Read the law's page

• If you hold a European cybersecurity certificate, issue an EU declaration of conformity, or are a conformity assessment body, inform ILNAS in writing within 72 hours of learning of a vulnerability or irregularity that may affect compliance with the security requirements linked to the certification of a product, service or process (Loi du 20 décembre 2024, Article 5(2)).
• Give ILNAS access to any document, person, equipment, premises, installation, site and means of transport it needs for its tasks (Article 5(1)).
• If you are an accredited conformity assessment body, inform ILNAS of your accreditation and of the certificates you issue within 72 hours (Article 6).

Loi du 8 mars 2023 (art. 1er, paragraphe 1er, art. 6, art. 9 à 14, art. 16 à 24, art. 28 à 30, art. 32 et 33) relative aux exigences en matière d’accessibilité applicables aux produits et services · Read the law's page

• If you place on the market a consumer general purpose computer hardware system or its operating system, a payment terminal, an automated teller machine, 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, place it on the market only if it meets the accessibility requirements of Annex I, Section I, of Directive (EU) 2019/882, and, unless it is a self-service terminal, Section II; as its manufacturer, ensure that it is designed and made to meet them (Art. 1(1), 6(1), 6(2), 9(1) and 34(1); implements Directive Art. 4(1) and (2) and 7(1)).
• As a manufacturer, draw up the technical documentation and carry out the conformity assessment procedure of Annex I to the Law, then draw up the EU declaration of conformity on the model of Annex III to Decision 768/2008/EC and affix the CE marking visibly, legibly and indelibly before placing the product on the market (Art. 9(1)-(2), 18 and 20; implements Directive Art. 7).
• As a manufacturer, include in the technical documentation at least a general description of the product and a list of the harmonised standards and technical specifications applied in full or in part, or a description of the solutions adopted where they were not applied, and, where you relied on the fundamental-alteration or disproportionate-burden limit, the demonstration that compliance would introduce a fundamental alteration or impose a disproportionate burden; take all measures necessary so that the manufacturing process and its monitoring ensure conformity; affix the CE marking to each conforming product and draw up a written EU declaration of conformity for each product model (Annex I, paragraphs 2 to 4; Annex I, paragraph 2, refers for that limit to Article 15, and Article 16 sets it).
• Have the technical documentation translated into one of the three administrative languages or into English, and draw up a single EU declaration of conformity, naming each act and its publication reference, where the product falls under several Union acts that require one (Art. 18(2)-(3)).
• As a manufacturer, keep the technical documentation and the EU declaration of conformity for five years after the product is placed on the market, and keep procedures in place so that series production stays in conformity, taking account of changes in design, characteristics and harmonised standards or technical specifications (Art. 9(3)-(4)).
• As a manufacturer, give the product a type, batch or serial number, state your name or trademark and the single point at which you can be contacted, with your address, on the product, packaging or accompanying document in Latin letters and Arabic numerals, and supply instructions and safety information in at least one of the three administrative languages designated in the amended Law of 24 February 1984 on the language regime (Art. 9(5)-(7)).
• As a manufacturer that has reason to believe a product on the market is not in conformity, take the corrective measures needed to bring it into conformity or withdraw it, inform OSAPS immediately with details of the non-conformity and the corrective measures, and keep a register of non-conforming products and complaints (Art. 9(8)).
• On the reasoned request of OSAPS, the Customs and Excise Administration or the Grand-Ducal Police, supply all the information and documents needed to show conformity, in one of the three administrative languages or in English, and cooperate with OSAPS in removing the non-conformity (Art. 9(9), 11(9) and 12(6)).
• If you are an authorised representative, perform the tasks in the manufacturer’s written mandate, which must at least authorise you to keep the EU declaration of conformity and technical documentation at the disposal of OSAPS, the Customs and Excise Administration and the Police for five years, to supply information on reasoned request and to cooperate on corrective measures; the mandate cannot cover the manufacturer’s duty under Art. 9(1) or the drawing up of the technical documentation (Art. 10; implements Directive Art. 8).
• As an importer, place only conforming products on the market; before doing so, ensure that the manufacturer has carried out the conformity assessment procedure, drawn up the technical documentation, affixed the CE marking, supplied the required documents and met the name, address and identification duties of Art. 9(5) and (6) (Art. 11(1)-(2); implements Directive Art. 9).
• As an importer, do not place a product on the market that you have reason to believe is not in conformity until it is brought into conformity, and inform the manufacturer and OSAPS; state your name or trademark and contact address on the product, packaging or accompanying document; supply instructions and safety information in a language easily understood by consumers and other end users, as determined by the Member State concerned; and keep storage and transport conditions that do not compromise conformity (Art. 11(3)-(6)).
• As an importer, keep a copy of the EU declaration of conformity at the disposal of OSAPS for five years, ensure that the technical documentation can be supplied to OSAPS on request, take immediate corrective measures or withdraw a non-conforming product on the market, inform OSAPS immediately with details, and keep a register of non-conforming products and complaints (Art. 11(7)-(8)).
• As a distributor, act with due care; before making a product available, verify that it bears the CE marking, comes with the required documents and with instructions and safety information in at least one of the three administrative languages, and that the manufacturer and importer have met their identification duties; do not make a product you have reason to believe is non-conforming available until it is brought into conformity, and inform the manufacturer or importer and OSAPS (Art. 12(1)-(3); implements Directive Art. 10).
• As a distributor, keep storage and transport conditions that do not compromise conformity, ensure that corrective measures are taken or the product is withdrawn if you have reason to believe a product you made available is non-conforming, inform OSAPS immediately with details, and cooperate with OSAPS (Art. 12(4)-(6)).
• If you place a product on the market under your own name or trademark, or modify a product already on the market so that conformity may be compromised, you are treated as the manufacturer and bound by the manufacturer’s obligations under Art. 9 (Art. 13).
• On OSAPS’s request, identify every operator that supplied you with a product and every operator you supplied, and be able to do so for five years from the supply, or longer where a delegated act of the European Commission sets a longer period for certain products (Art. 14).
• You may rely on the limits of Art. 16(1), that compliance not require a significant modification that fundamentally alters the product or impose a disproportionate burden, only after assessing them on the criteria of Annex VI to the Directive, documenting the assessment with evidence, keeping all relevant results for five years from the last making available of the product, giving OSAPS a copy of the assessment on request, and informing the market surveillance authorities of the Member State where the product is placed on the market (Art. 16(1)-(3) and (7); implements Directive Art. 14).
• You cannot rely on the disproportionate-burden limit of Art. 16(1), point 2°, for a product for which you receive funding for improving accessibility from sources other than your own resources, public or private; where you relied on Art. 16, state the accessibility requirements concerned in the EU declaration of conformity (Art. 16(6) and 18(1)).
• As an importer, distributor or authorised representative that relies on the limits of Art. 16(1), make, document and keep your own assessment on the criteria of Annex VI and give the notification of Art. 16(7), as the manufacturer does (Art. 2, point 18°, and Art. 16(2), (3) and (7)).
• When OSAPS evaluates a product, cooperate fully with it; when it finds the product non-compliant, take the corrective measures it prescribes within the reasonable period it sets, failing which it asks for withdrawal and may take provisional measures to prohibit, restrict or withdraw the product, and ensure that the appropriate corrective measures are taken for all the products concerned that you made available on the market throughout the European Union (Art. 22(1), (3) and (4); implements Directive Art. 20).
• Do not obstruct the officials of OSAPS, the Customs and Excise Administration or the Grand-Ducal Police when they enter premises, test devices, request books, registers and files, take samples or seize products, and comply with the decisions OSAPS addresses to you, including a prohibition, a temporary ban, a recall, a withdrawal, a modification or a destruction (Art. 28(1) and (3), 29, 30(1)-(4)).
• Expect OSAPS, the Customs and Excise Administration and the Grand-Ducal Police to use the powers of Regulation (EU) 2019/1020 that Art. 21(1) of the Law applies: provide on request documents, technical specifications, data or information on compliance, including access to embedded software, and information on your supply chain and distribution network; and, if you import a product from outside the Union, expect its release for free circulation to be suspended where it lacks the required documentation or marking or bears a false or misleading CE marking, and refused where it may not be placed on the market (Art. 21(1) of the Law; Regulation (EU) 2019/1020 Art. 14(4)(a), (b), (e) and (j), 26(1), 27 and 28(2)-(3)).
• If you are a microenterprise dealing with products and rely on Art. 16(1), you need not supply evidence for the assessment but must give OSAPS the facts relevant to it if it asks, and you need not inform the market surveillance authorities (Art. 16(4) and (7)).

Loi du 8 mars 2023 (art. 1er, paragraphes 2, 4 et 5, art. 6, paragraphes 1er et 3 à 7, art. 15 à 17, art. 25, art. 28 à 30, art. 32 à 35 et annexe II) relative aux exigences en matière d’accessibilité applicables aux produits et services · Read the law's page

• If you provide electronic communications services (other than machine-to-machine transmission), services providing access to audiovisual media services, consumer banking services, e-books and dedicated software, or e-commerce services, design and provide them to meet the accessibility requirements of Annex I, Section III, and Section IV, of Directive (EU) 2019/882 (Art. 1(2), 6(1) and 6(3); implements Directive Art. 4(1) and (3)).
• If you provide air, rail, inland waterway or bus passenger transport services, design and provide their websites, mobile device-based services including mobile applications, electronic tickets and ticketing services, transport service information and interactive self-service terminals in the Union to meet Annex I, Sections III and IV, of the Directive; for urban, suburban and regional transport services only the interactive self-service terminals are covered, and Art. 6(3) excepts those services from Section III (Art. 1(2), point 3°, as amended by the Law of 29 August 2023, and Art. 6(3)).
• Prepare the information of Annex II explaining how your service meets the applicable accessibility requirements, include it in your general terms and conditions 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 available (Art. 15(2) and Annex II; implements Directive Art. 13(2)).
• Keep procedures in place so that the provision of your services remains in conformity, taking adequate account of changes in the characteristics of the service, in the accessibility requirements and in the harmonised standards or technical specifications by reference to which conformity is declared (Art. 15(3); implements Directive Art. 13(3)).
• If a service is not in conformity, take the corrective measures needed to bring it into conformity, inform OSAPS immediately with details of the non-conformity and the corrective measures, supply on OSAPS’s reasoned request all the information needed to show conformity, and cooperate with OSAPS (Art. 15(4)-(5); implements Directive Art. 13(4) and (5)).
• You may rely on the limits of Art. 16(1), that compliance not require a significant modification that fundamentally alters the service or impose a disproportionate burden, only after assessing them on the criteria of Annex VI to the Directive, supporting the assessment with evidence, keeping all relevant results for five years from the date the service was last provided, giving OSAPS a copy of the assessment on request, and informing the authorities responsible for checking the conformity of services of the Member State where the service is provided (Art. 16(1)-(3) and (7); implements Directive Art. 14).
• If you rely on the disproportionate-burden limit, renew the assessment for each category or type of service when the service you offer is modified, when OSAPS asks, and in any event at least every five years; you cannot rely on the limit for a service for which you receive funding for improving accessibility from sources other than your own resources, public or private (Art. 16(5)-(6)).
• Do not obstruct the officials of OSAPS or the Grand-Ducal Police when they enter premises, test devices, request books, registers and files, take samples or seize products used to provide the service, and comply with the decisions OSAPS addresses to you, including a prohibition or restriction of the service, a temporary ban, a prohibition on providing a service that misleads or risks misleading on its real characteristics, and a recall, a withdrawal, a modification or a destruction of the product used (Art. 25(3), 28(1), point 4°, 28(2) and (3), 29, 30).
• If you are a microenterprise providing services, the accessibility requirements of Art. 6(3) and the obligations relating to compliance with them do not apply to you; a microenterprise is an enterprise that employs fewer than ten persons and has an annual turnover not exceeding EUR 2,000,000 or an annual balance sheet total not exceeding EUR 2,000,000 (Art. 6(4) and Art. 2, point 14°; implements Directive Art. 4(5)).
• Until 28 June 2030 you may keep providing your services using products you lawfully used to provide similar services before that date; service contracts agreed before the Law’s entry into force on 28 June 2025 may run unchanged until they expire but for no more than five years from that date; self-service terminals you lawfully used to provide services before the Law’s entry into force may stay in use for similar services until the end of their economically useful life, which may not exceed twenty years after they were put into service (Art. 34(2)-(3) and 36; implements Directive Art. 32).