What is the Blue Guide?

The Blue Guide is one of the main reference documents of the European Commission explaining how to implement legislation based on the New Legislative Framework (NLF). Unlike the CRA, the Blue Guide does not have legal force. It predates the CRA and only discusses software as something embedded into a physical product, not as standalone. For this reason, until an updated version is available, the Blue Guide’s guidance should be read in light of the CRA’s wider scope and take into account the nuances introduced in the CRA for software. For example, on the concept of “commercial activity”, Recital 18 CRA provides more specific guidance on “monetisation” and “non-profit organisations” than is available in the Blue Guide’s “Making available on the market” section.