Since April 27, sellers in the Netherlands are obliged to offer updates for all kinds of digital devices and services. For example, these products must not only be able to be used longer, but also safer. This has now been laid down in Dutch law.
The Dutch government explains the new policy on her own website† The new law is based on a European directive. The bottom line is that when purchasing smart devices, such as smart TVs and watches, printers, cameras and baby monitors, consumers are now entitled to software and security updates. The same applies to games or apps and to streaming services.
That sounds positive, but unfortunately there is no law for how long the sellers of such products must offer updates. The government wants this to be regulated “on the basis of proportionality”. In other words: what is reasonable for a consumer. More expensive products, such as washing machines and televisions, receive updates longer than, for example, simple smartphone games.
In addition, the law is introducing an amendment in the context of the so-called reversal of the burden of proof. The period before that was initially six months, but has now been extended to one year. Within that period, the manufacturer must be able to demonstrate that the product in question was in order upon delivery if problems arise. This strengthens the position of the consumer; but after those twelve months, the burden of proof still lies with them.
Why is the language so vague?
While this all sounds positive, we can imagine you wondering why the government sometimes uses such vague language. Why does it say “proportionally” and not just provide officials with a list of devices, services, and years that anyone can work out how long those products get software and security updates?
That requires some explanation. Making and amending legislation takes a lot of time. Before Member States in the European Union can vote on legislation, things need to be studied carefully and then get through the proposal round. If the states agree, the new guidelines must be written and then implemented locally.
You will also have to work out definitions. Because what is a television and when does it fall under the rules? When you focus very much on what is or isn’t a television (or any product for that matter), a manufacturer can easily get rid of it by not operating within the boundaries of the concept.
So you can watch television on such a device, but technically it does not have to be a television and then a seller does not have to adhere to the rules.
Legislation is quickly outdated
Finally, legislation is quickly outdated; so if you limit the boundaries somewhat vaguely, you give manufacturers little room not to meet the expectations of a specific product. Can you watch television with it, connect your game console to it and not make calls with it? Then we are dealing with a television and as a consumer you are therefore entitled to software and security updates.
A judge can also play a role in this. It can determine what is proportional, for example. If this is a non-first-time case, another judge may refer to an older lawsuit, which stated, for example, that televisions must receive at least ten years of updates. Finally, as a consumer you can sometimes state that a certain product is unusable without software and security updates, but then you have to come up with good arguments.
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