The House of Representatives has agreed to require sellers to keep digital devices and services working and secure. Consumers will soon be entitled to software and security updates when purchasing smart devices such as smart TVs and watches, printers, cameras and baby monitors. The same applies when purchasing games or applications, for example, as well as streaming services. The legislative amendment, proposed by Ministers Franc Weerwind (Legal Protection) and Micky Adriaansens (Economic Affairs and Climate), is now being sent to the Senate for consideration.
By introducing a duty on vendors to provide updates, consumers will be assured of support and a working, secure device for longer. The period of mandatory updates is based on proportionality: that is, what is reasonable for a consumer. With a more expensive product such as a smart washing machine, you can expect longer updates than, say, buying a digital game on your phone.
The right to updates is not the only improvement for consumers. The bill also regulates that the duration of the so-called reversal of the burden of proof will be extended from six months to one year. The burden of proof will be on the seller and not on the consumer. If someone buys a smartphone and he gets a problem with the device within a year, the seller has to prove that the smartphone was fine when delivered and the consumer caused the problem. This puts the consumer in a stronger position.
The bill ties in with the government's Do Your Updates campaign. Research by the Ministry of Economic Affairs shows that more than half of the Dutch do not update smart devices, either because they do not have time or because they find it a hassle. This makes them vulnerable to cyber criminals. This is why the campaign calls for smart devices in the home to be updated immediately and provides tips on this via https://www.doejeupdates.nl.
The bill transposes European directives on the sale of goods and delivery of digital content and services into Dutch law. The new legislation can enter into force after consideration and approval by the Senate.
