CLAIM-2026-10-14-07

Paragraph 2(1) Nr. 3 of the new German product liability act includes software in the definition of product, excluding free and open-source software developed or supplied outside a business activity, and Paragraph 7(3) requires considering a product's ability to learn or acquire new functions after it is placed on the market.

Why it matters

Software being a product is what puts a code-review pipeline inside the liability frame at all. Paragraph 7(3) then stops 'it changed after release' from being a defence.

Sources

• deutscherbu2026beschluss