Sellers are legally required by April 27, 2022, to keep digital devices and services working and secure. Consumers are now entitled to software and security updates when purchasing smart devices such as smart TVs and watches, printers, cameras and baby monitors. The same also applies when purchasing such things as games or apps and for streaming services. Consumers also get more protection if the purchased product does not meet reasonable expectations.
The Senate previously approved the change in the law on the proposal of Ministers Franc Weerwind (Legal Protection) and Micky Adriaansens (Economic Affairs and Climate). European directives on the sale of goods and delivery of digital content and services have now been transposed into Dutch law. The Authority Consumer and Market (ACM) oversees compliance with the rules.
How long sellers must provide mandatory updates to consumers is regulated based on proportionality: i.e., what is reasonable for a consumer. 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.
The right to updates is not the only improvement for consumers. The amended law also regulates that the duration of the so-called reversal of the burden of proof is extended from six months to one year. The burden of proof lies with the seller and not with the consumer.
For example, if someone buys a smartphone and within a year gets a problem with the device, the seller must prove that the smartphone was fine when delivered and the consumer caused the problem. This puts the consumer in a stronger position.
As a result of the legislative debate in the Senate, the Minister for Legal Protection promised an amending law that would shorten the period for reversal of the burden of proof for consumer purchases of live animals to six months. This was also extended to one year with the current law, but will then be reversed. The Senate has asked the government to make this adjustment to meet the objection that a one-year period for reversal of the burden of proof places a disproportionate burden on sellers of live animals.
The new law requires that from delivery, the digital product purchased must meet what the consumer could reasonably expect. If it does not, the seller or merchant must still fulfill the contract by repairing the defect or arranging a replacement product. If that is not possible then he can reduce the price or the consumer can rescind the contract, with which he gets the purchase price back.
The change in the law 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 because they do not have time to do so 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.
