The House of Representatives recently passed a bill requiring manufacturers of devices, software and services to continue to provide updates for these. This is an implementation of an EU directive.
Under the proposal, consumers will have the right to software and security updates when purchasing smart devices such as smart TVs, smartwatches, printers, cameras and smartphones. The same goes for games and for services such as streaming services. The bill does not specify the number of years manufacturers must make updates available. That depends on the device, according to the central government: "With a more expensive product such as a smart washing machine, you can expect longer updates than, say, when buying a digital game on your phone."
Manufacturers are not required to provide upgrades for a new operating system if it is not specified in the agreement. Also, they are only required to provide updates necessary to ensure that the delivered item complies with the contract. If a consumer does not install updates within a reasonable time, the seller is not responsible for the operation of a product. However, the seller must have informed the consumer about the update. Also, the instructions should be clear.
The law extends the reversal of the burden of proof from six months to one year. During the first year after purchase, the seller of a product must prove in warranty matters that the product is defective because of the user, and not because of a fault in the product. After that, the burden of proof is on the consumer.
Click here for the bill.
