That depends on the definition of "commercial activity". Some groups have influenced the legislation to exclude specific activity. Some supply chain roles, including developers who contribute patches, are excluded. Others can seek guidance on interpreting the legal text.

  - software that are not monetised by their manufacturers should not be considered to be a commercial activity. 
  - supply of products with digital elements qualifying as free and open-source software components intended for integration by other manufacturers into their own products with digital elements should be considered to be making available on the market only if the component is monetised by its original manufacturer. 
  - development of products with digital elements qualifying as free and open-source software by not-for-profit organisations should not be considered to be a commercial activity provided that the organisation is set up in such a way that ensures that all earnings after costs are used to achieve not-for-profit objectives. 
  - does not apply to natural or legal persons who contribute with source code to products with digital elements qualifying as free and open-source software that are not under their responsibility.