From batteries to software, new safeguards are on the way

It’s not just greenwashing. The European crackdown will also target premature obsolescence, with a series of new bans designed to prevent consumers from being pressured into replacing a product, repairing it or buying new parts before it is necessary.

EU Directive 2024/825 does, in fact, include on the ‘blacklist’ of unfair commercial practices a number of practices relating to durability and repairability of goods. These include commercial communications relating to a product that contains a feature introduced to limit its lifespan, where the trader is aware of the feature and its effects. It is also always prohibited to falsely claim that a good will have a specific lifespan, in terms of time or intensity of use, under normal conditions of use, or to present it as repairable when in fact it is not.

A specific section deals with digital products and those containing software components. The trader must not fail to inform the consumer when an update will have a negative impact on the functioning of the goods. Similarly, the trader must not present an update as ‘necessary’ if it serves only to improve certain features.

The directive also addresses very specific practices. It is prohibited to induce consumers to replace consumables before this is technically necessary. The example given in the legislation itself is that of a printer prompting the replacement of cartridges when the ink has not actually run out yet.

New rules also apply to non-genuine spare parts and accessories. If their use genuinely compromises the product’s functionality, the consumer must be informed of this. However, it will also be prohibited to falsely claim that a non-original component will cause problems when this is not the case. This principle may apply, for example, to cartridges, chargers or spare parts: Brussels aims to prevent both unnecessary purchases and unjustified restrictions on the use of original manufacturer’s components.