Custom development
Guidance needed
Confirmation that custom development of software isn't in scope of the CRA as there is no product placed on the market.
Guidance received
Custom development of software is in scope of the CRA. However, as explained in When is a product "tailor-made"? What documentation is required in these cases?, manufacturers may deviate from two essential requirements (namely, secure by default configuration in point (2.b) of Annex I, Part I and providing security updates to users free of charge in point (8) of Annex I, Part II) in relation to tailor-made products that are fitted to a particular purpose for a particular business user and where both the manufacturer and the user have explicitly agreed to a different set of contractual terms.