News item | 26-04-2022 | 12:23
As of April 27, 2022, sellers are required by law 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 games or apps and streaming services, for example. Consumers also receive more protection if the purchased product does not meet reasonable expectations.
The Senate has previously approved the amendment to 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 the supply of digital content and services have now been transposed into Dutch law. The Netherlands Authority for Consumers and Markets (ACM) monitors compliance with the rules.
How long sellers must provide mandatory updates to consumers is regulated on the basis of proportionality: ie 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 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 they have 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 empowers the consumer.
Following the legislative discussion in the Senate, the Minister for Legal Protection has promised an amendment law that shortens the term for reversing the burden of proof for consumer purchases of live animals to six months. This has also been extended to one year under the current law, but will then be reversed. The Senate has asked the government to make this adjustment in order to meet the objection that a one-year period for the reversal of the burden of proof would place a disproportionate burden on sellers of live animals.
Reasonable expectations of a purchase
The new law requires that the purchased digital product must meet what the consumer could reasonably expect from delivery. If this is not the case, the seller or trader must still fulfill the agreement by repairing the defect or arranging a replacement product. If this is not possible, he can reduce the price or the consumer can dissolve the agreement, with which he gets the purchase price back.
Do your updates
The amendment 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.