From 1 January 2022, a new (digital) sales law will apply in Germany. Among other things, the focus will be on an update obligation for sellers of goods with digital elements, but also changes in warranty law.
This includes smart watches, tablets, vacuum robots, e-bikes, cars and navigation systems. Here, the seller owes the buyer all updates that are necessary for a later conversion to a cloud solution.
The “heightened burden of proof” includes the provision that the seller must prove that the object of sale was free of defects at the time of handover up to 12 months after handover. Previously this was 6 months.
The warranty period for claims for defects in the purchase of goods remains unchanged at 2 years, but the “suspension of expiry” is newly regulated.
In addition, it will be easier for the buyer to withdraw from the purchase contract in certain cases.
The changes are due to the implementation of the EU Directives 2019/770 (so-called Digital Content Directive) and 2019/771 (so-called Sale of Goods Directive). The aim was to further increase the level of consumer protection and to close regulatory gaps in digital contracts.