2. […]an economic operator shall not be exempted from liability where the defectiveness of a product is due to any of the following, provided that it is within the manufacturer’s control: (a)a related service; (b)software, including software updates or upgrades; (c)a lack of software updates or upgrades necessary to maintain safety; (d)a substantial modification of the product.

Not sure if (a) or (d) would be more applicable, but I think it would be covered ?