The Dutch Senate approved an obligation for sellers to keep digital devices and services working and secure. The new rules will take effect on Wednesday 27-04-2022. From Wednesday, consumers are entitled to software and security updates when purchasing smart devices. The same applies to the purchase of applications or streaming services.

“By introducing a duty for merchants to provide updates, consumers will be assured of support and a working, secure device for longer,” the Ministry of Commerce previously wrote.

The term of mandatory updates is based on proportionality, i.e. what is reasonable for a consumer. With a more expensive product such as a smart washing machine, you can expect updates for a longer period of time than, for example, when purchasing a digital game on your phone.

The law also provides that the duration of the so-called “reversal of the burden of proof” is extended from six months to one year. If someone buys a smartphone and gets a problem with the device within a year, the seller must prove that the phone was in order upon delivery and the consumer caused the problem. The burden of proof therefore now lies with the seller and not with the consumer.

The intention is that the Netherlands Authority for Consumers and Markets (ACM) will supervise compliance with the rules.