Sales of digital content or services
Do you sell products with digital content, or do you provide digital services? Then the following 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 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
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.
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.
When buying a second-hand product, the customer is entitled to a well-functioning product. The reversal of the burden of proof also applies to second-hand products. This means that there is a 12-month guarantee on products, unless you can prove that the customer is responsible for breaking it.