Agentschap Telecom (AT) and the Authority Consumer & Market (ACM) are jointly investigating whether so-called smart home devices (home automation) are digitally safe and continue to do what has been agreed and what can be expected after purchase. Customers must be properly informed about this. These are devices that send and receive data and signals via a home network, such as smart smoke detectors, smart TVs and smart thermostats. The range of these is growing rapidly. With the investigation, AT and the ACM are therefore looking at compliance with the rules and preparing for new rules to come, so that everyone can continue to use these devices safely.
Anyone buying a smart device should get a secure product that can be used properly and safely throughout its normal life, including in common combinations with other devices. Therefore, new rules explicitly state that a smart device must be digitally secure, and that sellers must offer functionality and security updates for the software and let consumers know when they are available. Vendors must also make it clear what the consequences are if the updates are not installed. This must be at least as long as agreed upon at the time of purchase, and depending on the device, that timeframe may be even longer. Penalties can be imposed for violations.
The researchers purchase various smart devices from physical and online stores. In doing so, they look at what information they get about digital security and update policies, functionality, what other devices they can be paired with and what software systems they can work with, among other things. They then test the devices for digital security and track them over a period of time to see how the manufacturer and vendor handle updates.
As smart devices proliferate, the European Commission has updated and expanded the rules. For example, the Digital Content Delivery Directive has been introduced and the Consumer Sales Directive has been replaced by the Sales of Goods Directive. In addition, the Price Indication Directive, the Unfair Commercial Practices Directive and the Consumer Rights Directive continue to apply, all three of which have been modernized by the Modernization Directive. These are overseen by the ACM.
The Radio Equipment Directive has also been updated. This contains requirements that devices that communicate wirelessly must already meet, such as in the areas of health, electrical safety and uninterrupted use. From mid-2024, digital safety requirements will be added for devices that can be connected to the Internet via 4G or 5G, WiFi, Bluetooth or Zigbee, for example. AT is the regulator in this area and can impose penalties for violations and even have devices taken off the market.
The plan is to publish the results in early summer 2022.
