Fictional product, illustrative draft. Not legal advice.

Annotations

Law as of 20 October 2026. Drafts for counsel review, not legal advice.

Applicability table

Each row decides whether an instrument applies, does not apply, or is undetermined, and names the provision that decides the classification.

Instrument	Classification	Decided by	Status
EU Consumer Rights Directive 2011/83/EU	Applies to EU consumer sales (camera, goods; Scout Cloud, digital service)	Camera buyer is a natural person acting outside trade/business for the consumer track (Art. 2(1) CRD); Scout Cloud is ongoing access, a digital service, not a single act of supply (Art. 16(m) CRD distinction)	Applies
EU Unfair Contract Terms Directive 93/13/EEC	Applies to every preformulated EU consumer term in the EULA and Scout Cloud terms	Terms are not individually negotiated, standard documents presented to consumers (Art. 2(b), (c) UCTD)	Applies
EU Unfair Commercial Practices Directive 2005/29/EC	Applies to checkout, cancellation flow, and the species-suggestion marketing claim	Fernlook is a trader engaged in commercial practices toward consumers in the sense of Art. 2(d) UCPD	Applies
EU Digital Content Directive (EU) 2019/770	Applies to the desktop App (digital content) and Scout Cloud (digital service)	App is a single act of supply of a specific file; Scout Cloud is ongoing access/storage (Art. 2 DCD distinctions)	Applies
EU Sale of Goods Directive (EU) 2019/771	Applies to the camera as goods with digital elements (firmware)	Firmware is needed for the camera's functions and is supplied under the sales contract, not a separate digital-content contract (SGD Art. 2(5)(b), 3(3))	Applies
EU right to repair, Directive (EU) 2024/1799	Undetermined whether the camera is a listed Annex II product category	No reference file in this skill states the Annex II product list; the client did not confirm the camera falls within a listed category	Undetermined -- open point OP-24-adjacent; not drafted as settled, flagged in the EULA's warranty section
EU e-Commerce Directive 2000/31/EC	Applies to the online checkout and order-formation flow for both the camera and Scout Cloud	Fernlook is an information society service provider under Art. 2(a) ECD selling at a distance	Applies
GDPR: privacy notice content	Applies	Fernlook is a controller of personal data (diagnostic data, account data, Scout Cloud photos/account data) of identified or identifiable natural persons (Art. 4(1), 4(7) GDPR)	Applies
GDPR: lawful bases and consent	Applies	Same as above	Applies
GDPR: processors and international transfers	Undetermined for Scout Cloud business subscribers; applies for the camera's diagnostic-data vendor relationships once named	Whether a nature reserve/farm subscriber is itself a controller directing Fernlook as processor over personal data in photos is not stated (open point OP-2); vendor/infrastructure relationships for diagnostic data are not yet named by the client	Undetermined -- see open-points.md OP-2
GDPR: data subject rights, remedies and liability	Applies	Same as privacy-notice-content row	Applies
ePrivacy Directive: cookies and device access	Applies to Fernlook's website, not drafted here (out of scope -- cookie notice not requested)	Website uses cookies/tracking presumptively; not confirmed or denied by the client	Flagged, not drafted (cookie notice not among the requested documents)
Digital Services Act	Does not apply to the documents requested	Fernlook is not a hosting service or online platform; the camera/app do not host or disseminate third-party user content to the public	Does not apply
P2B Regulation (EU) 2019/1150	Undetermined	Depends on whether the two electronics retailers' marketplaces are "online intermediation services" through which Fernlook (the business user) offers goods to consumers, versus a wholesale-resale relationship (open point OP-5)	Undetermined -- see open-points.md OP-5; not drafted into any document
Data Act (EU) 2023/2854	Applies to the camera as a "connected product" (Chapter II disclosure and access duties); undetermined whether Scout Cloud is itself a Chapter VI "data processing service" subject to switching duties	Camera obtains, generates and communicates data about its use and environment (Art. 2(5) Data Act); Scout Cloud's classification as a Data Act data-processing service is not addressed by the facts given	Applies (Chapter II); undetermined (Chapter VI) -- see open-points.md OP-16
AI Act (EU) 2024/1689	Applies at the Must-not level (prohibited practices); whether the Art. 50 transparency duties reach the species-suggestion feature's output is undetermined	No direct human interaction via chat/voice, no synthetic content generation in the ordinary sense, no emotion recognition or biometric categorisation of people (assumption OP-3, OP-4); whether the feature's AI-generated output is something an Art. 50 duty reaches is not resolved by the skill's sources and is raised for counsel rather than assumed either way	Applies (Must-not level); Art. 50 is an open point, not a settled conclusion -- see open-points.md OP-26
Software Directive 2009/24/EC	Applies to the desktop App licence	App is a computer program within Art. 1(1) Software Directive	Applies
Geo-blocking Regulation (EU) 2018/302	Applies to Fernlook's EU-facing web store pricing and access	Fernlook sells electronically supplied services (Scout Cloud) and goods delivery within the EU it already covers	Applies -- flagged in implementation-requirements.md, not separately drafted as a clause (no discriminatory geofencing described by the client)
Product Liability Directive (EU) 2024/2853	Applies	Firmware and the camera are products within the Directive's meaning; Fernlook is the manufacturer	Applies -- referenced in the EULA's liability clause
Rome I and Brussels Ia	Applies to the EU consumer governing-law and jurisdiction clauses	Cross-border EU consumer contract	Applies
Germany: distance selling, withdrawal, AGB, digital products, sale/defects (BGB)	Applies	Germany is a named launch market; Fernlook directs commercial activity there	Applies
Germany: Impressum (DDG)	Applies	Fernlook is a Diensteanbieter of a commercial digital service reaching German consumers (§ 5 Abs. 1 DDG chapeau), regardless of its own Dutch seat	Applies
Germany: cookie/tracking consent (TDDDG)	Applies to Fernlook's website, not drafted here (out of scope)	Same as ePrivacy row	Flagged, not drafted
Germany: BDSG exceptions	Applies where Fernlook relies on a BDSG ground to narrow a GDPR notice duty	Not currently relied on in the drafted privacy notice; flagged as available if needed	Applies if invoked; not currently invoked
US federal: FTC Act dark patterns	Applies to all US-facing checkout, cancellation and AI-disclosure flows	Interstate commerce, US consumers	Applies
US federal: ROSCA / Negative Option Rule	Applies to Scout Cloud's internet-sold recurring plan	Scout Cloud is a negative-option feature sold on the internet (15 U.S.C. § 8403)	Applies
US federal: ESIGN / online assent	Applies to US checkout and EULA acceptance flows	US e-commerce transaction	Applies
US federal: Federal Arbitration Act	Applies if Fernlook chooses to include a US arbitration clause	Business decision, drafted as optional module pending client confirmation (open point OP-23)	Applies if adopted
US federal: Magnuson-Moss Warranty Act	Applies only if Fernlook issues a written warranty beyond the statutory floor	Client did not describe issuing a separate written warranty; drafted as conditional	Applies conditionally
US federal: COPPA	Does not apply	The facts give no children's features and nothing aimed at a younger audience, so the product does not meet COPPA's "directed to children" test, and no actual-knowledge collection from a child is described (16 C.F.R. § 312.3, § 312.2 "Website or online service directed to children")	Does not apply
US federal: Section 230	Does not apply	No user-generated content hosting feature described	Does not apply
US federal: Copyright / DMCA	Does not apply (no hosting/linking/user-content feature) beyond the ordinary copyright ownership statement in the EULA	Same reasoning	Does not apply beyond general IP ownership language (not separately drafted)
US federal: CAN-SPAM	Applies only if Fernlook sends marketing email	Not described by the client as a current feature; flagged, not drafted	Undetermined -- not drafted
California: CCPA/CPRA	Undetermined	The client's figure of ~140,000 California-registered units over two years is a unit/registration count, not a count of consumers or households whose personal information is bought, sold or shared, which is what the statute's volume limb measures (Cal. Civ. Code § 1798.140(d)(1)(B)); the drafts themselves state the diagnostic data is not sold. Whether the CCPA applies instead depends on the unanswered revenue limb (§ 1798.140(d)(1)(A)) and on whether Fernlook in fact sells or shares any personal information	Undetermined -- see open-points.md OP-1; module drafted in full and ready to use once the answer is confirmed, not drafted as a settled conclusion
California: CalOPPA	Applies regardless of CCPA threshold	No revenue/volume threshold; attaches to any operator collecting PII from California residents (Bus. & Prof. Code § 22575(a))	Applies
California: Civil Code §§ 1668, 1670.5, 1751	Applies to US liability/arbitration clauses for California consumers	Standard California consumer-protection floor	Applies
New York: GBL 527/527-a	Applies to the Scout Cloud auto-renewal mechanics for New York subscribers	New York is a named concentration market; Scout Cloud is an auto-renewing plan	Applies
Virginia, Colorado, Connecticut, Texas privacy acts	Undetermined	No state-specific volume/revenue figures given (open points OP-1, OP-14)	Undetermined -- flagged, not drafted as settled
Other US state privacy laws (state-matrix.md)	Undetermined	"Nationwide" sales stated with no state-by-state breakdown	Undetermined -- flagged in open-points.md OP-14

Checklist tables

EULA checklist (references/checklists/eula.md)

Item	Status	Clause/requirement meeting it or reason not applicable
Transaction classified as licence or sale	Met	EULA § 3 drafting note: one-off fee + unlimited duration = sale for EU exhaustion purposes (assumption OP-7 pending client confirmation)
Copy transferred vs. hosted access	Met	App is a transferred copy installed on the user's device, not hosted access
Employee/contractor-created software ownership (Germany)	Open point	Not addressed; Fernlook's own employment/contractor agreements are outside the scope of documents requested -- flag for counsel
Goods/digital content/digital service sorted	Met	Camera = goods with digital elements; App = digital content; Scout Cloud = digital service (see applicability table)
Firmware as digital element of goods	Met	EULA §§ 5-6 state firmware is covered by the sales contract conformity duty, not a separate digital-content contract
Connected product / Data Act status	Met	EULA § 8 Data Act disclosures drafted for the camera
Magnuson-Moss consumer classification	Met (conditional)	US module states warranty disclosures apply only if a written warranty is issued
Licence grant: three/four restricted acts	Met	EULA § 3
User exceptions (back-up, study, decompilation) kept open	Met	EULA § 3
Resale/exhaustion mechanics for one-off-fee licence	Met (assumption-dependent)	EULA § 4; depends on OP-7
Conformity: both layers stated	Met	EULA § 6
Deviation from objective conformity, separate acceptance	Not applicable	No known deviation/display-unit scenario described by the client
Updates (including security) disclosed	Met	EULA § 5
Repairability inside objective conformity (post-31 July 2026 contracts)	Met	EULA § 6 EU module references the 2026 repair amendment since launch is March 2027
Liability period stated	Met	EULA § 6 (two years, extended by repair choice)
Connected-product pre-contract disclosures	Met	EULA § 8; actual disclosure copy must be finalized against real data categories (see implementation-requirements.md)
Product Liability Directive flagged	Met	EULA § 7
US written-warranty captioning	Met (conditional)	EULA § 6 US module, bracketed pending client decision

Subscription auto-renewal checklist (references/checklists/subscription-auto-renewal.md)

Item	Status	Clause/requirement meeting it or reason not applicable
Business not in CA/NY exempt categories	Open point	Not confirmed; Fernlook is a consumer electronics/software company, unlikely to be exempt, but not formally checked against the six/five exempt categories -- flag for counsel to confirm in writing
Total price per billing period shown before binding	Met	Scout Cloud terms, price and payment module
Renewal offer terms clear and conspicuous	Met	Scout Cloud terms, acceptance and term modules
No pre-ticked extra paid option	Met	Scout Cloud terms, price and payment module
Order button prescribed labels	Met	Scout Cloud terms, acceptance module (PW-DE-1 for Germany; PW-EU-1 equivalent for EU)
Express affirmative consent before first charge	Met	Scout Cloud terms, term/renewal module
Simple mechanism to stop recurring charges	Met	Scout Cloud terms, term/renewal module
Confirmation on durable medium	Met	Scout Cloud terms, acceptance module
Pre-billing/renewal reminders (CA/NY)	Partially met	No free trial exists, so the trial-conversion notice does not apply; the one-year-or-more renewal notice does not apply to a monthly plan; California's annual-plan yearly reminder does not apply to a monthly plan either -- correctly not drafted since none of the triggering conditions are met for a monthly, no-trial plan
German cancellation button, confirmation page, all 5 labels	Met	Scout Cloud terms, term/renewal module
EU withdrawal right (14 days, services variant)	Met	Scout Cloud terms, withdrawal module; drawn from the services/digital-service model, not the goods model, per OP-21
Records of consent, information shown	Open point	Implementation requirement, not a drafting item -- see implementation-requirements.md

Privacy notice checklists (references/checklists/privacy-notice-gdpr.md and privacy-notice-us.md)

Item	Status	Clause/requirement meeting it or reason not applicable
Every purpose listed separately with its own Art. 6(1) basis	Met	Privacy notice, full-detail module (diagnostic data, Scout Cloud, order data each separate)
Special-category data flagged separately	Not applicable	No special-category data processing described
Child consent age-floor check	Not applicable	Facts describe no children's features and nothing aimed at a younger audience; no child-directed processing exists, so this item does not arise
Art. 13 vs Art. 14 notice split by source	Met	Each entry in the full-detail module states its source
Storage period or criteria stated	Open point	Several periods bracketed as not yet provided by the client -- see privacy-notice.md placeholders and open-points.md
Right to erasure heading (PW-EU-11)	Met	Privacy notice, rights module
Consent mechanics (where used)	Not currently applicable	No consent-based processing identified in the facts given; all current processing rests on legitimate interest, contract, or legal duty
CCPA notice content items	Drafted, applicability undetermined	Module drafted in full as conditional (open point OP-1); vendor/recipient names and retention periods bracketed pending product/legal input
CalOPPA content items	Met	Privacy notice, US rights module
Virginia/Colorado/Connecticut/Texas content	Drafted as placeholder, not confirmed	Flagged as undetermined pending threshold confirmation (OP-1, OP-14)
Sensitive data category list	Met (negative statement)	Privacy notice states no sensitive-data categories are knowingly collected
Children's data module	Not applicable	No children's features and nothing aimed at a younger audience, so no children's-data module is included

EU B2C checklist -- key items for business customers excluded, consumer track confirmed

Item	Status
Trader/consumer/dual-purpose classification	Met -- camera and Scout Cloud each classify the buyer; business track (reserves, farms) uses the EU business customer module throughout
Withdrawal conditions disclosed via correct model (goods vs. services)	Met -- two separate withdrawal notices used, per OP-21
Order button wording	Met -- PW-DE-1/PW-EU-1 referenced in both EULA and Scout Cloud terms
Price shown inclusive of tax before binding	Met
Price-variation clause has stated reason and termination right	Met -- EULA/Scout Cloud changes-to-terms modules

Not drafted / out of scope

• A data processing agreement was not drafted; see reply.md and open point OP-2 for why, and the condition under which one would be added.
• A cookie notice for Fernlook's website was not requested and is not drafted; the ePrivacy/TDDDG rows above are flagged, not resolved.
• An acceptable use policy was not requested (the product has no user-generated content or platform feature) and is not drafted.
• Terms of service for the web store checkout generally (as distinct from the EULA and Scout Cloud terms) were not separately requested; the EULA's acceptance clause covers the camera purchase flow, but a standalone "terms of service" document for the web store itself (returns policy, shipping terms, etc., beyond the conformity and withdrawal rules already stated) was not requested and is not drafted.