The German Civil Code (BGB) has so far almost exclusively regulated the handling of analogue things. A new law should now lead the regulations of the BGB into the digital age.
In the future, devices with digital elements such as tablets or smartwatches will have to be updated. A law passed by the Bundestag early Friday morning obliges the provider to update its product on a regular basis.
The regulations also apply to pure digital products such as apps, e-books or streaming services. This should ensure the functionality and IT security of the purchased devices and services in the long term.
However, the period for which the update obligation applies is not expressly stipulated. The law only speaks of a period of time that the customer can expect “based on the type and purpose” of the device purchased.
The legal and consumer policy spokesman for the CDU / CSU parliamentary group, Jan-Marco Luczak, said that the new regulations create “legal certainty and transparency in the dense jungle of digital products and services”. “This is how we are making contract law fit for the future.”
Experts rated the effects as far-reaching: “The law is a digital revolution,” said Kristina Schreiber, specialist in IT law and digitization at the Loschelde commercial law firm. “With the new digital contract law, modern regulations for all digital products will be included in our civil code.” This means that there is now legal certainty for providers and consumers. At the same time, the obligations of the providers of digital products are clearly regulated – and no longer dependent on individual decisions.
Schreiber rated the fact that the new law recognized personal data as a currency as “really revolutionary”. “That means that in the future it will not matter whether consumers pay with data or money.” Both cases would also be treated equally in the law. “This of course gives rise to an enormous possibility of control by consumer protection on the one hand, and the providers have to react now.”
Consumers are also legally better off in the event of a damaged product. So far, a warranty claim has usually only occurred in the first six months after purchase. In the future, however, the assumption will generally apply for twelve months that the defect already existed at the time of purchase.
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