New rules for smart devices and digital products

This information is provided by

Ministry of Economic Affairs and Climate Policy, EZK | Netherlands Chamber of Commerce, KVK | Netherlands Enterprise Agency RVO

New rules have been introduced for the sale of smart devices and digital products. Such as apps, e-books, streaming services, and home automation (such as smart fridges and smart TVs). The new rules came into effect on 27 April 2022. Read in this overview which rules you must follow.

Sales of digital content or services

Do you sell products with digital content, or do you provide digital services? Then the following new rules apply:

  • As a seller, you are responsible for a properly functioning product.
  • You must provide (security and software) updates.
  • If the digital product does not work, you need to provide a solution. A solution can be to replace, repair, or refund the digital product. This also applies to digital elements in the delivered product. For example, in a smart fridge or smart TV.

The new rules apply to all countries within the European Union (EU). The rules came into effect in the Netherlands on 27 April 2022.

Overview of new laws and regulations

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Report updates regularly

After 27 April 2022, you have an update obligation for the digital content, digital services, or digital elements in the products that you provide. You should regularly notify customers that updates are available. And you must be able to demonstrate that you have provided such notifications.

Set up a work instruction for this within your company or shop. In this instruction you describe:

  • how to stay informed about available updates of your products
  • how and how often you let your customers know about updates
  • how you deal with the privacy and personal data of your customers

Smart devices

Do you sell home automation (devices with a digital element), such as smart TVs or smart fridges? Then you are also responsible for ensuring that the digital element works properly.

Does the device work, but the digital content or service does not? If the digital content and service are not part of the device, the dealer or supplier of the digital content is responsible.

For example:

Your smart refrigerator is connected to the internet. The customer has installed a grocery shopping app themselves, but it does not work. The supplier of the app is then responsible for this, not you.

Second-hand products

When buying a second-hand product, the customer is also entitled to a well-functioning product. The reversal of the burden of proof has also been extended to 1 year for second-hand products.

Questions relating to this article?

Please contact the Netherlands Chamber of Commerce, KVK

This information is provided by

Ministry of Economic Affairs and Climate Policy, EZK
Netherlands Chamber of Commerce, KVK
Netherlands Enterprise Agency RVO