APELL
APELL
APELL (Association Professionnelle Européenne du Logiciel Libre) is Europe’s Open Source Software Business Association.
ID: 765379449482-59
Lobbying Activity
Response to Review of the Digital Markets Act
23 Sept 2025
APELL The European Open Source Software Business Association and its members represent hundreds of Open Source businesses with a collective turnover in the order of several tens of billions of euros each year, as well as public administrations, research institutions, and individuals throughout Europe. Open Source technology is based on **granting the freedoms to use, study, share, and improve** technology based on it by way of an Open Source licence. Open Source is the basis of 90% of business software projects[1] and two out of three businesses use or contribute to Open Source[2]. APELL welcomes the tangible results the Digital Market Act has already had in particular on app stores, and appreciates the Commission's effort to further assess its effectiveness. ## Legal certainty and enforcement support digital sovereignty goals The Digital Markets Act from its outset takes account of market failures in particular in platform markets and identifies gatekeepers, aiming to increase fairness and competition in the digital sector. The sectors structure in the EU is predominantly one of SMEs, with comparably few large enterprises. In particular Open Source businesses offering enterprise-grade alternatives to products and services experience a barrier created by the anti-competitive practice of **locking in users through product bundling**. The Open Source business model allows small and medium-sized companies to **cooperate on the development of technology**, while remaining in competition. By giving smaller actors a fair chance at competing, the EU has the opportunity to increase the sectors capacity and capability, and the EUs competitiveness globally. APELL therefore calls on the Commission to provide more **legal certainty through effective and fair enforcement of the DMA**, in particular towards large players. This is the basis for investments and ultimately, for European digital sovereignty. [1] Butler et al., Considerations and challenges for the adoption of open source components in software-intensive businesses, Journal of Systems and Software, 186 (2022) (https://www.sciencedirect.com/science/article/pii/S0164121221002442) [2] Blind, Knut and Schubert, Torben, Estimating the GDP effect of Open Source Software and its complementarities with R&D and patents: evidence and policy implications, The Journal of Technology Transfer, 49 (2024) (https://link.springer.com/article/10.1007/s10961-023-09993-x) Please see the attached document for our complete feedback.
Read full responseResponse to Revision of the 'New Legislative Framework'
1 Sept 2025
APELL The European Open Source Software Business Association and its members represent hundreds of Open Source businesses with a collective turnover in the order of several tens of billions of euros each year, as well as public administrations, research institutions, and individuals throughout Europe. Open Source (OS) technology is based on granting the freedoms to use, study, share, and improve technology based on it by way of an OS licence. OS is the basis of 90% of business software projects [1] and two thirds of businesses use or contribute to OS [2]. Recent legislation has taken account of the fact that software has become ubiquitous, either as an own product or service, or as vital components of products. APELL welcomes the Commission's work on updating product legislation and revising the NLF. ## Product legislation must reflect OS business models OS is a strategic advantage for the EU, in particular in striving for more tech sovereignty and for more agency in the design and functioning of digital products or products with digital components. Recent legislative initiatives such as the CRA, the revision of PLD, and the AI Act have shown, the OS development model and the related business models have specific needs that need to be reflected in product legislation. In particular the open, collaborative development of OS software on public platforms and the various development and stewardship models are vital to the upstream OS developers and businesses, and subsequent users down the value stream. The legislator has taken this into account and reflected this throughout the legislative process, in particular with regard to the definitions of product, placing and making available on the market, as well as what constitutes commercial activity. We encourage the COM to continue reflecting the specific needs of OS development and business models in relevant legislation, with particular regard to the role of OS for tech sovereignty goals of the EU. ## Building on established industry terms and practices Open Source and the often synonymously used term Free Software have been coined just under three, and four decades ago, respectively. While the understanding of the terms with regard to more recent technological developments is still developing [3], both terms are established industry terms in the ICT sector today. The value created in Free and Open Source Software is estimated to amount to between $4.15 billion and $8.8 billion globally in 2024 [4]. We encourage the COM in the interest in legal certainty for the developers and users of OS technology to continue building on the terms established by the OS industry. [1] Butler et al., Considerations and challenges for the adoption of open source components in software-intensive businesses, Journal of Systems and Software, 186 (2022) (https://www.sciencedirect.com/science/article/pii/S0164121221002442) [2] Blind, Knut and Schubert, Torben, Estimating the GDP effect of Open Source Software and its complementarities with R&D and patents: evidence and policy implications, The Journal of Technology Transfer, 49 (2024) (https://link.springer.com/article/10.1007/s10961-023-09993-x) [3] This is in particular still the case with regard to so-called artificial intelligence where industry organisations like the Open Source Initiative and others are proposing adaptations of the terminology for the particular field. See the Open Source Initiatives Open Source AI definition process. Open Source Initiative (28 October 2024). https://opensource.org/blog/the-open-source-initiative-announces-the-release-of-the-industrys-first-open-source-ai-definition. [4] Hoffmann, Manuel and Nagle, Frank and Zhou, Yanuo, The Value of Open Source Software (January 1, 2024). Harvard Business School Strategy Unit Working Paper No. 24-038. https://ssrn.com/abstract=4693148 or http://dx.doi.org/10.2139/ssrn.4693148 ---- Please refer to the attached PDF for our full feedback.
Read full responseResponse to Revision of the Standardisation Regulation
18 Jul 2025
APELL The European Open Source Software Business Association and its members represent hundreds of Open Source businesses with a collective turnover in the order of several tens of billions of euros each year, among them mostly SMEs, some large companies, as well as public administrations, research institutions, and individuals throughout Europe. Open Source (OS) technology is based on granting the freedoms to use, study, share, and improve technology based on it by way of a licence. OS technology, and the businesses and communities developing and distributing it, are key to achieving technological sovereignty. APELL welcomes the COM's efforts to revise the Standardisation Regulation. It provides a unique opportunity to take into account feedback from the ICT sector and in particular important, underrepresented groups. OS components are part of 90% of business SW and constitute 70-90% of SW at large, demonstrating the success of inclusivity and public collaboration practices in the ecosystem. We encourage the COM to also further open the development of std.s, levelling the playing field & fostering more representation. - Level playing field in access to and implementation of harmonised std.s: Even under FRAND terms, the use of std.-essential patents requires for down-stream users of a product to establish a business relationship to the patent holder. This constitutes a usage restriction to the permissive terms of the OS licence of a product, meaning OS producers may not be able to meet requirements in a std., leading to non-compliance with regulation. Down-stream users willing to incorporate, or adapt OS components in their product may be forced to look to proprietary vendors, putting OS businesses at a disadvantage. OS SMEs and communities may not be able to access std.s because of prohibitive licence terms and costs. The judgement Public.Resource.Org and Right to Know v Commission ([C-588/21P](https://curia.europa.eu/juris/fiche.jsf?id=C%3B588%3B21%3BPV%3B1%3BP%3B1%3BC2021%2F0588%2FJ&nat=or&mat=or&pcs=Oor&jur=C%2CT%2CF&num=C-588%252F21P&for=&jge=&dates=&language=en&pro=&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&oqp=&td=%3BALL&avg=&lgrec=en&lg=&cid=2023866)) highlights there can be overriding public interests justifying the disclosure of harmonised std.s. Recommendations: * SEPs: introduce rules levelling the playing field for OS businesses, provisions reflecting additional overriding interests, lowering barriers for communities acting in the public interest * harmonised std.s: rely on existing publicly available std.s, open industry specifications, or open std.s by default. Create public repositories providing free access to harmonised std.s, including drafts and during commenting periods * identify *ICT technical specifications* to satisfy requirements in public procurement, by default where no abovementioned publicly available or open std.s are available. - Involvement and participation of the OS ecosystem in std.s development: The OS ecosystem is still underrepresented in std.s development. Membership fees, travel expenses and time requirements can be prohibitive to SMEs and communities, and can make participation incompatible (e.g. part-time employees, different timezones, care and other obligations, disabilities). This is detrimental to inclusivity and diversity efforts. Recommendations: * further encourage & actively facilitate increased participation of OS in std. development and SBs * make use of state-of-the-art, commonly used, interoperable collaboration SW and services; create an open, inclusive, collaborative process; exchange data on basis of structured, commonly used, machine-readable, interoperable formats; workflows should allow for asynchronous and remote participation * structure meetings so that barriers are lowered, fostering more participation, accessibility, and efficiency Please find more detailed feedback attached.
Read full responseResponse to Digital Networks Act
11 Jul 2025
APELL The European Open Source Software Business Association and its members represent hundreds of Open Source businesses with a collective turnover in the order of several tens of billions of euros each year, as well as public administrations, research institutions, and individuals throughout Europe. Open Source technology is based on **granting the freedoms to use, study, share, and improve** technology based on it by way of an Open Source licence. APELL welcomes the Commission's work on updating the EECC and investing in our digital infrastructure with the new Digital Networks Act. ### *Open* technological sovereignty The Digital Networks Act harbours the potential of contributing to the technological sovereignty goals of the EU by creating the right conditions for, investing in, and incentivising not only the public but also the private sector to adopt technology from European providers of Open Source products and services (such as hardware, software, and services including cloud and AI). Only Open Source technology achieves the goals of vendor independence, and the ability to study and control the design and functioning of a product or service, thus offering ***open* technological sovereignty**. ### Resilience, security, and auditability for electronic communications By design, Open Source technology allows full auditability and reproducibility, both of which are particularly relevant for electronic communication networks that are sensitive in terms of European resilience and security, as well as fundamental rights. Investments and incentives foreseen in the Act must therefore give clear preference for Open Source products and services. APELL recommends that the Commission make 20% of procurement of Open Source products and services mandatory today, and gradually raise the amount to 100% Open Source by 2035[1]. ### European business ecosystem The prevalence of Open Source components in commercial software products is estimated upward of 90%[2], and even higher in communication infrastructure. In investing in the European Open Source business ecosystem, the Commission and Member States have the opportunity to invest in the sustainability, maintenance, and continuous development of the digital (public) infrastructure at large. Enabling the Open Source business ecosystem to compete builds capacity in skilled personnel and also incentivises the next generation. ### Multi-stakeholder Open Internet The Internet is based on open standards and Open Source technology. This open Internet ecosystem and its multi-stakeholder nature have enabled innovation. The Commission should uphold the open and multi-stakeholder nature of the Internet, including by maintaining and enforcing Net Neutrality and fair competition in the digital single market as well as internationally. ## Sources [1]: APELL submission to the *AI Continent - new cloud and AI development act* consultation and feedback, 3 July 2025: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14628-AI-Continent-new-cloud-and-AI-development-act/F3571855_en [2]: Sonatype. 2022. Open Source Security and Risk Analysis Report; Butler et al. 2022., Considerations and challenges for the adoption of open source components in software-intensive businesses, _Journal of Systems and Software_
Read full responseResponse to Cloud and AI Development Act
3 Jul 2025
APELL is engaging in the debate around the Cloud and AI Development Act and appreciates the Commission is realising the strategic importance of Open Source technology for Europe.
Read full responseMeeting with Alexandra Geese (Member of the European Parliament) and Open Markets Institute
5 Jun 2025 · Event: Nextcloud Summit
Response to Evaluation of the Public Procurement Directives
20 Feb 2025
APELL The European Open Source Software Business Association and its members represent hundreds of Open Source businesses with a collective turnover in the order of several tens of billions of euros each year, as well as public administrations, research institutions, and individuals throughout Europe. Open Source technology is based on **granting the freedoms to use, study, share, and improve** technology based on it. These freedoms are granted by way of an Open Source licence. Public authorities benefit from procuring Open Source as it allows for them to switch service providers over time as required, and avoids them being locked-in to a single vendor. It contributes to the **technological sovereignty goals** of **reducing dependencies**, and **increasing control and insight** into technology used. Beyond that, investments into Open Source technology benefit society and businesses in Europe, as they contribute back to technology that forms the **basis for 90% of business software projects**. APELL recommends that **in all IT procurement, Open Source be the default**, that joint procurement be further encouraged, and that it also inform the IT practices of public authorities themselves by making sharing the default. Whereas with proprietary business models, the original producer is party to each licence sold, Open Source is usually procured by way of contracts for the **commercial support, operation, customisation** of the product, as well as other services, while the product itself is distributed independently, on the basis of its Open Source licence. In the case of Open Source software, development is organised around the software, often referred to as projects or communities, contributing collaboratively to the software. While projects and communities choose different ways of self-organisation, many will mainly receive development contributions from Open Source businesses. Public administrations benefit significantly from choosing Open Source in their procurement, as the Open Source principles **promote the collaboration across companies** and **across borders**. Crucially, administrations procuring Open Source solutions can **switch service providers** over time as required, and **avoid being locked-in** to a single technology vendor. This ensures the **long-term sustainability of public investment**. Experience shows however, that in bids for solutions based on Open Source, third party providers will try to outbid experienced providers on price, making use of the freely distributed product, while not, or only insufficiently, investing into the development and maintenance of the Open Source project up-stream. Consequently, such providers will not contribute to the collaborative development and maintenance of the project, and may even rely on support from the up-stream project to implement feature requests, or provide security fixes. Therefore, public procurement needs to take into account whether a chosen supplier is experienced and reliable, and contributes to the overall health of the Open Source project up-stream. Failing to take these factors into account puts IT security at risk and can ultimately lead to IT projects failing. This can then be falsely attributed to the circumstance that Open Source was procured, rather than the fact that an inexperienced or unqualified vendor was awarded. ## Recommendations In particular **awarding projects on price alone is not in the long-term interest of public authorities** and additional aspects must be included in award and selection criteria, including sustainability, familiarity and experience with the supply-chain and Open Source ecosystem, as well as a demonstrable contribution to the health of the Open Source projects involved in a procured solution.
Read full responseResponse to Interim Evaluation of Digital Europe
20 Sept 2024
The European Association of Open Source Professionals and Businesses (APELL) recognises the potential of the Digital Europe Programme (2021-2027) in advancing Europes digital transformation through investments in high-performance computing (HPC), artificial intelligence (AI), cybersecurity, and digital skills. Open source software (OSS) and the ecosystem that supports it play a pivotal role in ensuring the programmes goals of digital sovereignty, innovation, and economic growth. OSS is key to reducing Europes dependence on non-European technologies. It avoids vendor lock-in and ensures transparency, security, and control over software stacks. OSS is a proven driver of cost-effective innovation, particularly for small and medium-sized enterprises (SMEs), which can use OSS solutions to reduce development costs and scale faster. Supporting OSS aligns directly with Europes goals for economic growth and competitiveness. Open source models allow peer review, enhancing security and resilience characteristics which make OSS vital for sectors like AI, cybersecurity, and HPC, where Europe seeks to maintain technological sovereignty. The European open source ecosystem and business sector have yet to significantly benefit from the programme. APELL suggests that the specific needs of the OSS ecosystem be taken into account in order to close the gap that prevents OSS from fully achieving its potential to contributing to these goals. In particular: *) the prioritisation of OSS and the ecosystem in procurement and funding; *) targeting of funding mechanisms to OSS; *) communication to further increase the uptake of OSS and awareness for its importance to the programmes goals; *) measures reducing the dependence and continued reliance on proprietary software solutions, as well as on non-European cloud services and technologies. Moreover, OSS plays an essential role in developing digital skills. Open source projects encourage cross-border collaboration and knowledge-sharing, allowing European developers and professionals to gain expertise in high-demand fields like AI and cybersecurity. Increased support for OSS would also strengthen Europes workforce, making it more competitive globally. In AI and HPC, open source already drives key advancements, with frameworks like PyTorch and scikit-learn leading innovation. Integrating open source into these sectors would further accelerate technological progress, enabling Europe to stay at the forefront of scientific and industrial applications. Open source also provides public administrations with cost savings, flexibility, and control over sensitive data. By promoting OSS adoption, European public institutions can enhance data sovereignty and avoid reliance on non-European providers. APELL recommends the Digital Europe Programme allocate dedicated resources to develop and promote open source projects, providing targeted grants and support for open source SMEs. Additionally, incorporating open source methods into the programmes digital skills initiatives will strengthen Europes talent pool. A public procurement framework prioritising open standards and OSS for public institutions would further ensure long-term sustainability and data and technological sovereignty. To fully achieve the goals of digital sovereignty, innovation and economic growth, the Digital Europe Programme must prioritise open source software, which is not merely a cost-effective alternative to proprietary solutions it is a strategic asset that aligns with Europe's broader goals of autonomy, transparency, and economic resilience in the global digital economy.
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