Right to Updates

The biggest change for the practice is an obligation for traders to provide updates. This obligation follows from both directives and applies to goods with digital elements as well as digital content and digital services. Failure by a merchant to provide certain updates, or to provide faulty or incomplete updates, is considered a breach of contract. These are updates that ensure that the product continues to function at least at the same level as at the time of purchase. Security updates are explicitly covered by this. The trader is under no obligation to extend the functionality of the product beyond the compliance requirements.

If a consumer fails to install updates or has installed them incorrectly, even though a correct user manual has been supplied, the trader is not liable for the consequences thereof. In this case, the lack of updates is not considered a lack of conformity. This implies an implicit obligation for the consumer to update the software on his devices if he wants to be able to address the trader regarding conformity in relation to the product diritto all'oblio caso.

The guidelines do not specify a specific time frame for the delivery of updates, but state that updates must be delivered "during the period that the consumer can reasonably expect" given the nature and purpose of the goods with digital elements, or the digital content and digital content. services. This is an open EU standard that leaves the Dutch system intact. This standard «during the period that the consumer can reasonably expect» will have to be completed by the European Court of Justice at the end of the year.

Although the trader who offers the product is obliged to provide updates, he will have to make arrangements with a third party such as the manufacturer or a software supplier who can provide the updates. However, where a trader explicitly informs a consumer when purchasing a product that he should not expect updates and the consumer expressly agrees to this, the trader cannot be held liable afterwards for the lack of updates or the consequences of the lack thereof.