Many of the electronic products we buy today, such as smart TVs and smart watches, require software and security updates to function properly. A known problem is that manufacturers of such products cut updates to older models.

“With the changes we are now proposing to the Consumer Purchases Act, the consumer will have the right to update, so that both hardware and software will work for at least five years,” says Justice and Emergency Minister Emilie Enger Mehl.

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In the bill, the seller must provide the consumer with the information and updates that are necessary for the product to continue to meet the legal requirements for the product.

- Next good news is that we are extending the period in which the seller is obliged to prove that the product has no defects from six months to two years. This means that if your tablet stops working as it should, the store is responsible for proving that it was not caused by your actions, says Emilie Enger Mehl.

The right to withdraw from the purchase or obtain a price reduction

The Act also provides for stricter conditions for the seller to withdraw from the requirements for the product. If a defect is found, the seller, as a rule, will no longer have two attempts to remove the defect. In more cases than before, the consumer will have the right to withdraw from the purchase or obtain a price reduction when the product has a defect.

The most important proposals:

  • Stricter conditions for reconciling product deviations. If deviations from the product are to be accepted, this requires clearly informing the consumer that the product feature deviates from the requirements, and expressly and specifically accepting the deviation. In this context, it is also proposed to repeal the current Section 17 on items sold "as is".
  • Special rules for goods that require programs or applications to function normally. Among other things, the seller must provide the consumer with the information and updates that are necessary.
  • Burden of proof that the product has a defect. It is proposed to extend the period during which the seller has to prove that the product is not defective from six months to two years.
  • Consumer Claims for Defects: The consumer will be entitled to a price reduction or cancellation of the purchase in a few cases. Essentially, the seller will no longer have two attempts to rectify defects.

EU Consumer Shopping Directive

Thanks to the legislative changes proposed in the proposal, the EU Consumer Shopping Directive will be implemented into Norwegian law shortly after entry into force. life of the Digital Services Directive.

The new Digital Benefits Act entered into force on January 1, 2024. The new provisions in the Consumer Purchases Act complement the Digital Efficiency Act, making the provisions in this area more up-to-date and in line with technological developments. Together, they ensure that legislation is better adapted to today's realities.

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Source: regjeringen

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