Article 2Scope

1. This Directive shall apply to products placed on the market or put into service after 9 December 2026.

2. This Directive does not apply to free and open-source software that is developed or supplied outside the course of a commercial activity.

3. This Directive does not apply to damage arising from nuclear accidents in so far as liability for such damage is covered by international conventions ratified by Member States.

4. This Directive does not affect:

(a)

the applicability of Union law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directives 2002/58/EC and (EU) 2016/680;

(b)

any right which an injured person has under national rules concerning contractual liability or concerning non-contractual liability on grounds other than the defectiveness of a product as provided for in this Directive, including national rules implementing Union law;

(c)

any right which an injured person has under any special liability system that existed in national law on 30 July 1985.