Open Source, Navigating the Shifting Sands of European Regulation | Janneke van de Westelaken

Описание: The European Union has recently unleashed a series of new regulations impacting above all digital products or products with a digital interface or digital connection. Unfortunately, or may be fortunate from a lawyer’s perspective, not all the clarity the market hopes and strives for, came with these new regulations. Having said that, the leave businesses and open-source foundations scrambling to understand the implications. From the Cyber Resilience Act to the Product Liability Directive and beyond, seemingly familiar terms like "commercial activity" and "placing on the market" are taking on new meanings, creating a complex and sometimes contradictory legal landscape. Are your open-source practices suddenly under scrutiny? Are you unintentionally exposing your organization to unforeseen liabilities?
This contribution aims to cut through the confusion, trying to focus on the overlap and the coherences that are there. The nuances of these regulations dissected, and hoping during the conference, we can collaborate in offering practical insights and best practices for navigating the new "commercial" frontier. How do these new definitions apply across different open-source development models and business strategies, does “placing on the market” equal “in the course of a commercial activity”. A contribution that leads to a better cooperation between organizations to remain compliant at the same time eager to navigate the shifting sands of the evolving European market. This is not just about compliance – it's about safeguarding the future of open source.

The contribution will have a stronger focus on the AI Act

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This session was recorded during Code & Compliance - FOSDEM Edition, held on 29 January 2026 in Brussels.

For more information about the Open Regulatory Compliance (ORC) Working Group and details on upcoming events, visit orcwg.org