Warranty on streaming services and online games coming soon
New warranty regulations are set to be introduced in 2022, which means that digital products and services such as streaming services, e-books and smartwatches will also come with a warranty soon. If you purchase a digital service that is not working properly, the seller must provide a solution.
It is not yet known when these new regulations will come into effect in the Netherlands. The Dutch government is currently reviewing the EU rules and could potentially still modify them. After the rules are implemented, the Netherlands Authority for Consumers & Markets (ACM) will enforce them and ensure that Dutch businesses comply with all the new rules.
What are the new rules for digital purchases?
Under the new rules, you will soon get a warranty on:
- products with a digital element, such as smartwatches
- digital content, such as e-books
- digital services, such as streaming services like Netflix and Videoland, online games and cloud services
The rules will apply to content or services paid for with money, as well as to those ‘paid for’ with personal data, which is how social media work.
What does this mean for me?
Whenever you buy a digital product or service, you will soon be entitled to a legal warranty. Under this warranty, the seller must ensure that you can use the product normally during the warranty period. This has the following consequences:
- You are entitled to information when new updates are made available.
- You are entitled to information about what will happen if you do not install an update.
- You are entitled to a free solution if the service or content does not work properly.
If the seller does not offer a solution or takes too long, you are entitled to a discount. In the event of serious problems, you may also choose to rescind the purchase altogether, which means that you can discontinue your purchase and request your money back. With digital services or content purchased for a specific period, such as subscriptions, you are entitled to a refund for the time that the service or content did not work properly.
When am I entitled to a warranty?
- You are entitled to a warranty if you did not cause the problem yourself.
- If the problem arises in the first 12 months after purchase, the buyer is automatically assumed not to have caused the problem. If the seller believes that the buyer did cause the problem, they must bring proof.
- If a problem arises after 12 months but within the warranty period, you must prove that you did not cause the problem.
- The seller must inform you of updates for as long as they can be “reasonably be expected to do so,” which depends on the nature and purpose of the digital content or service in question.