The article will outline the provisions of the German ProdHaftG con-cerning OSH. It will shortly explain the key points of liability under the German Product Liability Act. Special focus will be given to the EU Product Liability Directive adopted in 2024 which will replace the Product Liability Directive from 1985. The new directive, that the German legislator must implement in national law, brings a few changes, and aims at adapting the directive to the digital age. Of significant interest is recital 14 of the directive, which states that the new directive should not apply to “[…] free and open-source software developed or supplied outside the course of a commercial activity.” OSH, however, is not explicitly excluded from the scope of the new product liability directive. Therefore, the question arises as to whether this statutory privilege clause for Open-Source Software should also apply to OSH since both are developed or supplied for non-commercial purposes.