Updates are mandatory for smart devices: this is changing

The Dutch government explains the new policy on its website. The new law is based on a European directive. As a result, consumers now qualify for software and security updates when purchasing smart TVs and smart devices such as watches, printers, cameras and baby monitors. The same goes for games or apps and streaming services.

This sounds positive, but unfortunately there is no law on how long vendors of such products must offer updates. The government wants it to be regulated “on the basis of proportionality”. In other words: what is reasonable for a consumer. More expensive products like washing machines and televisions take longer to update than simple smartphone games, for example.

In addition, the law introduces a change in the context of the so-called reversal of the burden of proof. What used to be six months has now been extended to one year. During this time, the manufacturer must be able to demonstrate that the product in question is on order at the time of delivery, in case of problems. This strengthens the position of the consumer; but after these twelve months, the burden of proof rests with them again.

While this all sounds positive, we can imagine you wondering why the government sometimes uses such obscure language. Why does it say “proportionately” and not just provide authorities with a list of devices, services, and years from which they can calculate how long it will take for these products to receive software and security updates?

This requires some explanation. It takes a lot of time to make and change legislation. Before Member States in the European Union can vote on legislation, everything has to be carefully reviewed and then passed the round of proposals. If states agree, new guidelines must be written and then applied locally.

You will also need to work on definitions. Because what is television and when does it enter the rules? When you focus too much on what isn’t a television (or any product for that matter), a manufacturer can easily get away with it by not working within the confines of the concept.

So you can watch TV on such a device, but technically it doesn’t have to be a TV and then the seller doesn’t have to follow the rules.

Finally, legislation is rapidly out of date; therefore, if you limit the boundaries a little vaguely, you are giving manufacturers little room for not meeting the expectations of a particular product. Can’t you watch TV with it, connect your game console to it and make calls with it? Then we are dealing with a television and as a consumer you have a right to software and security updates.

A judge can also play a role in this. For example, it can determine what is proportional. If this is not the first time, another judge may refer to an earlier case, for example stating that televisions must receive updates for at least ten years. Finally, as a consumer you can sometimes say that a certain product is unusable without software and security updates, but then you have to come up with good arguments.