News item | 03-02-2022 | 13:11
The House of Representatives has approved an obligation for sellers to keep digital devices and services working and safe. 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 to the purchase of games or applications, for example, but also to streaming services. The amendment to the law, 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 for merchants to provide updates, consumers can be assured of support and a working, secure device for longer. The term 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, for example, when purchasing a digital game on your phone.
Reversal burden of proof extended from six months to one year
The right to updates is not the only improvement for the consumer. The bill 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. If someone buys a smartphone and has a problem with the device within a year, the seller must demonstrate that the smartphone was in order upon delivery and that the consumer caused the problem. This puts the consumer in a stronger position.
The bill is in line with the government campaign Do your updates. 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 for it or because they find it a hassle. This makes them vulnerable to cyber criminals. That is why the campaign calls for an immediate update of smart devices in the home and provides tips on this via https://www.doejeupdates.nl.
The bill transposes European directives on the sale of goods and the supply of digital content and services into Dutch law. The new legislation can enter into force after it has been discussed and approved by the Senate.