Distributes a software product, 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).

ZDPSI, 17. do 20., 22. (2.) in 34. člen (uvozniki in distributerji), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26 · Read the law's page

• As importer, place on the market only products that conform to the Act; before doing so ensure that the manufacturer carried out the conformity assessment and prepared the technical documentation, that the product bears the CE marking and carries the required documents, that your name, trade name or mark and contact details appear on it, that the instructions and safety information are in a language consumers understand, and that storage and transport do not jeopardise conformity; keep the EU declaration of conformity and the technical documentation available to the authorities for five years (Art. 17(1)-(2)).
• If you consider a product non-conforming, do not place it on the market until it conforms and inform the manufacturer and the market surveillance authority (Art. 17(3)); if it is already on the market, take corrective action or withdraw it, inform the authorities of the States concerned and keep a register of non-conforming products and complaints (Art. 17(4)); on request give the authority the information and documentation in a language it understands and cooperate (Art. 17(5)).
• As distributor, before making a product available check the CE marking, the accompanying documents, the instructions and safety information in a language users understand, that the manufacturer and importer have met their marking duties, and that storage or transport does not jeopardise conformity (Art. 18(1)); do not make a non-conforming product available and inform the manufacturer or importer and the authorities (Art. 18(2)); ensure corrective action or withdrawal and at once inform the authorities of the States where you made it available (Art. 18(3)); give the authority the information it asks for and cooperate (Art. 18(4)).
• 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 affected, you carry the manufacturer's duties of Art. 15 (Art. 19).
• On the request of the market surveillance authority, name every economic operator that supplied you with the product, or that you supplied, in the five years from the supply (Art. 20).
• Whether or not the manufacturer relies on it, if you rely on the fundamental alteration or disproportionate burden limit of Art. 22(1) yourself, carry out and keep your own assessment and notify the authority (Art. 22(2)-(3), (9)); a microenterprise dealing with products need not keep or produce the assessment unless it chose to meet the requirements of Art. 22(1) (Art. 22(4)).

ZDPSI, 25.a do 33. in 41. člen (nadzor), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26 · Read the law's page

• If a non-conforming product you made available or placed on the market is the subject of supervision, meet the costs of the supervision procedure; if you withdraw or recall the product voluntarily before the procedure ends, meet the costs of the inspection up to the withdrawal or recall (Art. 33(2)-(3)).
• Within the reasonable period the Market Inspectorate sets, take the corrective action it requires or withdraw or recall the product; if you do not, withdraw the product from the market within the additional period it sets (Art. 27(2)-(3)).
• On the request of the Market Inspectorate, correct a formal non-conformity of the product, such as a missing or wrongly affixed CE marking, a missing or incorrect EU declaration of conformity, missing or incomplete technical documentation, or missing or wrong name, trade name, trademark and contact details (Art. 29).
• Give the supervisory authority the information, compliance documents and technical documentation it requires, allow tests and free sampling of products, and comply with its orders to remedy non-conformities, to restrict or prohibit placing on the market, supply or use, and to withdraw or recall (Art. 32(1)-(2)).

ZDPSI, 3. člen (1. odstavek), 6., 7., 15., 16. in 34. člen (proizvajalci), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26 · Read the law's page

• If you place on the market a consumer general purpose computer hardware system (a personal computer, laptop, smartphone or tablet) or an operating system for one, a payment terminal, an ATM, a ticketing machine, a check-in machine, an interactive self-service information terminal (other than one built into a vehicle, aircraft, ship or rail vehicle), consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services, or an e-reader, make it meet the accessibility conditions of the ZDPSI and the Rules on the accessibility of products (Art. 3(1), 7); the Act has applied since 28 June 2025 (Art. 46).
• Design, produce and label the product for foreseeable use by persons with disabilities: accessible information on its operation and accessibility features, a user interface and functionality that lets them perceive, operate, understand and control it, support services, and accessible packaging and instructions (not required for self-service terminals) (Art. 7(1)-(2)).
• Give the product information (labelling, instructions, warnings) through more than one sensory channel, in an understandable and perceivable way, in a suitable font, size and contrast, and make the instructions available to the public when the product is placed on the market (Rules, Art. 2).
• Meet the interface conditions of Rules Art. 3: more than one sensory channel, alternatives to speech and voice input, adjustable magnification, lighting and contrast, an alternative to colour and to audio signals, no mode that can trigger photosensitive epilepsy, an alternative to biometric identification, adjustable time to respond, and connection to assistive technology.
• A self-service terminal must also provide text-to-speech, allow personal headphones, warn through more than one sensory channel of a time limit and allow it to be extended, and have tactile, contrasting keys (Rules, Art. 4(1)); an e-reader must provide text-to-speech (Rules, Art. 4(2)).
• Consumer terminal equipment used for electronic communications services must handle real-time text, support high-quality audio, provide total conversation with a resolution that allows sign language where it offers video, connect wirelessly to hearing technologies and not interfere with assistive devices (Rules, Art. 4(3)); consumer terminal equipment used for access to audiovisual media services must give persons with disabilities the accessibility components that the media service provider supplies (Rules, Art. 4(4)).
• Where support services such as helpdesks, call centres, technical support, relay or training services are offered, make them give information on the product's accessibility and its compatibility with assistive technologies in accessible forms of communication (Rules, Art. 5).
• As manufacturer, prepare technical documentation kept five years after the product is placed on the market, carry out the conformity assessment under Annex IV of Directive (EU) 2019/882, draw up the EU declaration of conformity in Slovenian (kept five years), affix the CE marking, keep procedures that preserve conformity in series production, mark type, batch or serial number, give your name, trade name or mark and contact details, and supply instructions and safety information in Slovenian (Art. 15(2), Rules Art. 6, 6a, 6b).
• If you find that a product you placed on the market is non-conforming, take corrective action at once or withdraw it, inform the authorities of the States where it was made available with details of the non-conformity and the corrective action, and keep a register of non-conforming products and related complaints (Art. 15(3)).
• On the request of the market surveillance authority, supply all the information and documentation needed to show the product's conformity and cooperate in measures to remedy non-conformity (Art. 15(4)).
• If you rely on the fundamental alteration or disproportionate burden limit of Art. 22(1) for a product, make and keep your own assessment and notify the market surveillance authority (Art. 22(2)-(3), (9)).
• An authorised representative appointed by written mandate keeps the EU declaration of conformity and the technical documentation available to market surveillance authorities for five years, gives a competent national authority the information and documentation to show conformity on a reasoned request, and cooperates in measures to remedy non-conformity; the manufacturer's duty to design and make the product accessibly cannot be part of the mandate (Art. 16).
• A product that conforms to harmonised standards whose references are published in the Official Journal of the European Union is presumed to meet the accessibility conditions to the extent the standards cover them; where no references are published, conformity with the technical specifications of an EU implementing act gives the presumption (Art. 23).

ZDPSI, 6. (2.), 14., 22. do 25. člen (nesorazmerno breme in domneva skladnosti), Zakon o dostopnosti do proizvodov in storitev za invalide, Uradni list RS, št. 14/23 in 14/26 · Read the law's page

• If you rely on the fundamental alteration or disproportionate burden limit, carry out and document an assessment using the criteria of Art. 22(8) and the Rules on the criteria for the assessment of a disproportionate burden (net costs against total costs, costs and benefits against the benefit to persons with disabilities, net costs against net revenue), keep it for five years after the product was last made available or the service last provided, and give it to the market surveillance or service compliance authority on request (Art. 22(2)-(3), (8)).
• A service provider that relies on the disproportionate burden limit renews its assessment for each type of service at least every five years, when the service changes, or when the compliance authority requires it (Art. 22(5)); you cannot rely on the limit if you receive public or private funds, other than your own, that may be used to improve accessibility (Art. 22(6)).
• When you rely on Art. 22(1) for a product or service, notify the market surveillance authority or service compliance authority and the Member States where the product is placed on the market or the service provided; unlike Art. 14(8) of the Directive, Art. 22(7) and (9) state no exception for microenterprises (Art. 22(7), (9)).
• Since 25 February 2026, instead of a specific technical condition you may use the functional performance criteria of the Rules (Uradni list RS 16/2026, in force since 28 February 2026) where the criterion gives equivalent or better accessibility (Art. 6(2); Rules, Art. 2).
• A microenterprise dealing with products need not keep or produce the assessment, but if it chose to meet the requirements of Art. 22(1) it submits the facts relevant to the assessment to the market surveillance authority (Art. 22(4)); the Act does not say that this is only on request, as Art. 14(4) of the Directive does.
• Conformity with harmonised standards whose references are published in the Official Journal of the European Union, or with the technical specifications of an EU implementing act where none are published, gives a presumption of conformity to the extent the standards or specifications cover the accessibility conditions (Art. 23).

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).