CRA FAQ

No. Most open source projects will not have a steward.

A steward must be a “legal person” (Article 3(14)), such as a company, and most open source projects are not supported by a company.

The stewarding organization must also have “the purpose or objective of systematically providing support on a sustained basis” (Article 3(14)) and their software must be “ultimately intended for commercial activities” (Recital 19). Organizations who do not meet those tests will also not be considered stewards.

Open-source software steward is a term defined in Article 3(14) of the CRA, to subject specific organisations to a subset of CRA obligations because they exist to support free and open source software that is intended for commercial activities:

‘open-source software steward’ means a legal person, other than a manufacturer, that has the purpose or objective of systematically providing support on a sustained basis for the development of specific products with digital elements, qualifying as free and open-source software and intended for commercial activities, and that ensures the viability of those products;

Recital 19 states “Open-source software stewards include certain foundations as well as entities that develop and publish free and open-source software in a business context, including not-for-profit entities.” At FOSDEM 2024, the European Commission provided three examples of entities the co-legislators had in mind:

1. Foundations supporting specific FOSS projects
2. Companies that build FOSS for their own use but make it public
3. Not-for-profit entities that develop FOSS

Open-source software stewards are subject to a “light-touch and tailor-made regulatory regime” (Recital 19), defined in Article 24.