New Right to Repair and Changes to Warranty Law Effective July 31, 2026
Legal Background and Scope of Application
The new regulations are based primarily on EU Directive 2024/1799, which was adopted on June 13, 2024. In Germany, a draft bill is currently available for the transposition of this directive into national law. The new regulations are scheduled to take effect on July 31, 2026. Of particular relevance for business planning is the intended “retroactive effect,” in the sense that repair obligations may also apply to products sold before the law came into force.
Interplay Between Warranty and Repair Claims
The new right to repair is closely intertwined with existing warranty rights but comes into effect particularly when traditional claims have already expired or do not apply. A right to repair against the manufacturer is provided for as soon as the standard two-year warranty period against the seller has expired. Furthermore, the right to repair becomes relevant when a warranty claim does not exist on its merits, e.g., because a defect arose only after the purchase (example: the smartphone falls and breaks), or when it cannot be proven that a defect already existed at the time of transfer of risk. The right to repair is independent of any product guarantees that the manufacturer voluntarily provides.
It is important to emphasize that subsequent performance under the warranty must be provided by the seller free of charge, whereas a reasonable fee may be charged for repairs performed by the manufacturer.
Extension of the Warranty Period
Of particular note in both brick-and-mortar and online retail is the proposed extension of the warranty period in the relationship between seller and consumer. Specifically, if the consumer still has a warranty right and chooses to have the item repaired (e.g., repair of the defective item instead of replacement with a new one), the consumer is rewarded by an extension of the warranty period by one year, bringing the total to three years.
Performance of the Repair
This imposes far-reaching operational obligations on the manufacturers concerned. The repair must be carried out within a reasonable time and for a reasonable fee. Should a repair fail, the consumer is granted rights similar to those under warranty, including, for example, a price reduction, repair by a third party at the manufacturer’s expense, and compensation for damages and expenses. The manufacturer is also obligated to offer spare parts and tools at a reasonable price.
It is also expressly prohibited to use hardware or software techniques that artificially restrict the right to repair.
New Information Requirements
Manufacturers must comply with new information requirements, including the provision of freely accessible price lists on a website.
Sellers must also provide new information: Before a seller replaces or repairs a product, they must inform the consumer that there is a choice between repair and replacement and that, in the case of a repair, the warranty is extended by one year.
Affected product categories
The scope of application is—at least initially—limited to certain product groups. Currently, the list includes:
Household washing machines and household washer-dryers
Household dishwashers
Refrigerators
Electronic displays
Welding equipment
Vacuum cleaners
Servers and data storage products
Cell phones, cordless phones, and slate tablets
Household clothes dryers
Products containing batteries for light vehicles
The right to repair generally applies directly between the consumer and the manufacturer. For foreign products, these obligations are transferred to the manufacturer’s authorized representative in the EU or—if no such representative exists—to the importer.
Duration of the right to repair
The duration of the right to repair is determined by the specific EU ecodesign requirements for the respective product group. For example, a period of ten years is stipulated for household washing machines and certain replacement parts such as motors or pumps.
Strategic Compliance and Legal Advice from VOELKER
So far, the law exists only as a draft. The final text of the law therefore remains to be seen. The implementation of the right to repair requires coordination with other regulatory frameworks, such as the Cyber Resilience Act set to take effect at the end of 2027, which governs claims for free security updates during the product lifecycle. For companies, the question arises as to how these obligations can be fulfilled without incurring disproportionate costs.
The law firm VOELKER assists companies in integrating the new legal requirements into their business models in a legally compliant manner. Services include, among other things, reviewing contracts with suppliers, customers, and consumers—including terms and conditions—as well as the use of the new “European Form for Repair Information,” the design of price lists on the website, and strategic advice on distinguishing between repair obligations and warranty claims.
This report is based on the online event “Digitalization Forum” held on March 17, 2026