Article | REF: AG2001 V1

Technical standards: legal scope and product development

Authors: Jean-Marc PICARD, Christian FREMAUX

Publication date: April 10, 2024

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6. Legal value of a technical standard

Product standards are sometimes made compulsory for safety purposes, or are increasingly taken as a reference for product safety. The same applies to services.

The legal value of a technical standard can be considered in four different ways:

  • 1. the standard may be made mandatory by a regulatory provision;

  • 2. non-mandatory, its application is de facto mandatory;

  • 3. a contract or contractual provision makes it mandatory;

  • 4. non-mandatory, it can be assimilated to the rules of the trade.

6.1 Mandatory application

  • ...

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