What does 'intention to monetise' mean under the CRA?
Under the CRA, 'intention to monetise' refers to the goal of generating revenue from a product, even when the product itself is provided free of charge. This concept helps determine whether software is being supplied in the course of a commercial activity.
Recital 15 provides several examples of monetisation that go beyond directly charging for a product:
- Monetising related services: Providing a software platform through which the manufacturer monetises other services
- Monetising user data: Requiring the processing of personal data as a condition for use, for reasons other than exclusively improving the security, compatibility, or interoperability of the software
- Monetising support: Charging for technical support services beyond the recuperation of actual costs
- Excessive donations: Accepting donations beyond the recuperation of actual costs
The key distinction is whether revenue generation is a purpose of making the software available, rather than simply a means of covering legitimate development and maintenance costs.
For more on related concepts, see What does 'actual costs' mean under the CRA? and What does 'make a profit' mean under the CRA?.
Disclaimer
Disclaimer: The information contained in this FAQ is of a general nature only and is not intended to address the specific circumstances of any particular individual or entity. It is not necessarily comprehensive, complete, accurate, or up to date. It does not constitute professional or legal advice. If you need specific advice, you should consult a suitably qualified professional.