Remedies bij consumentenkoop vanwege geplande veroudering van slimme producten
This doctoral research focuses on the legal approach to planned obsolescence in smart products. Planned obsolescence refers to the deliberate shortening of a product’s lifespan by manufacturers in order to accelerate its replacement. While this benefits producers through increased turnover, it is detrimental to both consumers and the environment. The study compares how consumer law in Germany, France, Belgium, and the Netherlands protects consumers in cases of planned obsolescence, with a focus on non-conformity and unfair commercial practices. It distinguishes between three types of planned obsolescence: through design (such as fragile components), through software updates (such as reduced performance), and through indirect obsolescence (such as the unavailability of parts or support). The analysis reveals that consumers are not equally protected across these countries and that significant obstacles often exist for exercising legal remedies. The dissertation makes recommendations to address these issues, such as developing product lifespan lists, strengthening evidentiary presumptions, clarifying open legal standards, and introducing codes of conduct. Rather than proposing new consumer laws, the study advocates for improving the application of existing legal frameworks. It also shows that consumer law alone cannot adequately address all forms of planned obsolescence, and that additional regulation, such as rules for sustainable product design, is needed. In doing so, the research contributes to stronger consumer protection and a more sustainable economy.