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Guarantees, repairs, software updates - new obligations for online and offline shops from September 2026

Starting on 27 September 2026, online and brick-and-mortar shops will have to comply with new information obligations regarding guarantees, consumer rights relating to the non-conformity of goods with the contract, and the provision of information on software updates and repair options for goods.

 These new obligations stem from Directive 2024/825/EU [1] (“Directive”), the same directive that includes provisions aimed at combating greenwashing and which Member States must ensure is implemented from 27 September 2026. Discussions on the Directive have mainly focused on the new requirements regarding advertising communications. The obligations relating to information on guarantees are clearly overshadowed by the provisions on greenwashing and are therefore easy to overlook. However, they too require sellers to prepare for implementation.

Importantly, in practice, the new information obligations must be analysed in parallel with the regulations on unfair commercial practices applicable to traders.

Consumer statutory rights – mandatory information template

The Directive introduces a requirement to provide consumers with a harmonised notice on the legal guarantee of conformity to ensure that goods comply with the contract. This information should be provided using a standardised information template developed by the European Commission.

Whilst the obligation to inform consumers about the duty to ensure that goods comply with the contract already exists, current regulations allow considerable discretion as to how such obligation is met. Once the new obligations come into force, it will be necessary to strictly apply the information template shown here.

For online shops, information in this format should be made available to consumers in a prominent manner during the purchasing process (before placing an order) on websites or in mobile apps. The relevant legal provisions strictly define the technical requirements for the template, which sellers must comply with [2] .

This means that the user journey must be adapted to the new requirements, by, for example, adding an additional element displayed as part of the checkout process or by adding a relevant tab.

The same obligation applies to physical shops, with the exception of minor everyday contracts that are performed as soon as they are concluded. Brick-and-mortar shops offering goods whose purchase cannot be considered a “small everyday contract” should also display the relevant information in accordance with the template specified,

e.g. in a prominent place in the checkout area. A minimum size for the notice displayed in the shop is also specified for brick-and-mortar shops – A4 format.

Extended manufacturer guarantees – standard labelling template

In some cases, shops will also have to provide information about any additional guarantee provided by a manufacturer. The new obligations are intended to promote guaranteed repairs of goods if the manufacturer offers such repairs for free and for a guarantee period of more than two years.

Under the new regulations, manufacturers offering a guarantee for a period exceeding two years must provide this information using a standard labelling template, known as ‘a harmonised label for the commercial guarantee of durability’ or the ‘GARAN label’—see the label template shown here [3] .

The use of the above template is subject to several conditions:

· the guarantee must be provided at no extra cost (the GARAN declaration cannot therefore be used for guarantees provided for an additional fee),

· the guarantee must be provided for a period of more than two years,

· the guarantee must cover the entire product.

It is important from a retailer’s perspective that if the manufacturer uses such declaration and provides it to the seller, the seller will then be obliged to inform the

consumer of it before the consumer makes a purchase (places an order) and thereby fulfilling such obligation:

· in physical shops – by placing a visible GARAN label on the product packaging and/or on the shelf directly next to the specific product covered by the guarantee (it is important that there is no doubt as to which product the label refers to);

· in online shops – by placing the GARAN label directly next to the product (e.g., on the product page next to the product image).

The seller’s duty to provide information is automatically updated upon receipt of information from the manufacturer – failure to pass this on to the consumer may be deemed a misleading omission of information.

Required information on repair options and costs

The Directive also introduces additional requirements regarding information on the repairability of goods offered. Their purpose is to raise consumer awareness of the repair options available for products.

Of key importance in this regard is the expansion of the list of information deemed ‘material’ within the meaning of the regulations on unfair market practices and the absence of which may be classified as a misleading omission.

For certain categories of goods, it will be necessary to provide a repairability rating expressed on a points-based scale. This requirement is similar to the well-established requirement to provide information on energy efficiency classes (also based on a specific scale). It will apply to product categories for which harmonised EU regulations introduce such points-based rating. Regulations concerning the point-based scale for repairability have already been adopted for smartphones and tablets.

For goods for which there will be no points-based assessment of repairability (currently, the vast majority of product categories), the seller will be obliged to provide information on the estimated cost and the procedure for ordering spare parts necessary to maintain the goods’ conformity with the contract, on the availability of repair and maintenance instructions and on any restrictions regarding repairs. This obligation must be fulfilled before the consumer places an order via an online shop or a mobile app.

As in the case of information on extended guarantees, this obligation will only apply if the manufacturer provides such information to the seller. Additionally, in physical shops, it will not apply to small everyday contracts. The list of information relating to costs and repair options is quite extensive, so it is advisable to begin preparations for implementation well in advance.

In the context of these new obligations, the rules on communicating the availability of spare parts and restrictions on their use also take on particular significance. The Directive introduces a ban on withholding information about limitations on the functionality of goods when using non-original spare parts, as well as a ban on suggesting such limitations where they do not exist. This means that information regarding the compatibility of spare parts, the manufacturer’s policy or repair restrictions ceases to be merely supplementary and becomes a key element in assessing the legality of market practices.

In practice, given the current approach of the President of the Office of Competition and Consumer Protection (UOKiK), these obligations are directly aligned with the objectives of the circular economy, which aims to extend the life cycle of products through repair and reuse. In this context, transparency regarding the availability of spare parts and repair restrictions is one of the main factors influencing consumer decisions and, for this reason, may be subject to regulatory scrutiny.

Requirement for information on software updates

The new rules do not apply solely to traditional goods. The EU legislator wishes to ensure that consumers have access to information on durability in the digital world as well.

To this end, a definition of ‘software updates’ has been introduced into Directive 2011/83/EU[4]. Importantly, the definition covers only free updates, including those relating to security, which are necessary to ensure compliance with the contract in accordance with the Digital Services Directive[5] and the Goods Directive[6] .

Furthermore, the Directive requires traders selling goods with digital elements to inform consumers of the minimum period during which the software manufacturer will provide updates (e.g., by specifying the duration of, or an end date for, the provision of updates). Similarly, traders supplying digital content or digital services will be required to inform consumers of the minimum period during which the supplier will provide software updates.

The aim of the changes is to ensure that consumers can compare goods with digital elements, digital services and digital content, taking into account the criterion of minimum periods for providing updates.

However, there is a significant limitation: Traders are only required to provide this information if the manufacturer or supplier has provided it to them.

It is worth noting that the issue of updates has been addressed comprehensively on this occasion. Along with the additional information requirements, the Directive also defines new unfair market practices relating to updates, namely:

· concealing from the consumer information that a software update will have a negative impact on the functioning of goods with digital elements or the use of digital content or digital services, and

· presenting a software update as essential, where it merely improves functionality.

It is therefore worth conducting a review now of both the basic information requirements on updates and the messages shown to users about available downloads. It may be necessary to add, for example, that a smartphone update will slow down its performance or have a negative impact on the battery, or to clearly distinguish between messages for security updates (necessary to comply with the contract) and updates related to improving functionality.

Implementation of Directive 2024/825/EU in Poland and other Member States

Although Member States were required to adopt and publish the provisions necessary to implement the Directive by 27 March 2026, delays in transposition are evident across the European Union. To date, only the Czech Republic, Denmark, Germany, Ireland, Italy, Latvia, Lithuania, Romania and Slovakia have presented relevant regulations.

In Poland, the President of the Office of Competition and Consumer Protection (UOKiK) presented a draft bill amending the Act on Combating Unfair Market Practices and the Act on Consumer Rights and implementing the Directive at the end of 2025. In early May 2026, it was referred to the Committee on European Affairs. Importantly, the proposed date of entry into force of the provisions is in line with the Directive, i.e. the new provisions would apply from 27 September 2026 (no transitional period or phased implementation of obligations).

For businesses, the absence of a transition period is particularly significant. What this means in practice is that both information obligations and marketing communications, as well as sales interfaces (UX), must be reviewed simultaneously.

If you would like to discuss these requirements in more detail or learn more about the status of the implementation of the obligations arising from Directive 2024/825/EU in Poland and other Member States, we encourage you to stay in touch.

Authors: Krzysztof Zięba, Monika Hughes, Karina Balcer-Kopka, Bird & Bird