Early obsolescence and software practices
Annex I additions targeting planned obsolescence, deceptive software updates, false repairability claims and prompts to replace consumables prematurely.
EmpCo's Annex I additions specifically target planned obsolescence — hidden durability-shortening features, deceptive software updates, false repairability claims, and prompts to replace consumables prematurely.
These are per se prohibitions: regulators don't need to prove harm; the practice itself is illegal.
- 23d — Hiding negative impacts of software updates. Slower CPU, shorter battery, broken accessory compatibility — must be disclosed up front.
- 23e — "Necessary" updates that only add features. Reserve "required"/"essential" framing for security or conformity patches.
- 23f — Hidden durability-limiting features. Coffee machines that lock after X cycles; printer chips that brick a cartridge regardless of remaining ink.
- 23g — False durability claims. "Lasts 10 years" without test data reflecting realistic typical use.
- 23h — Falsely presenting goods as repairable. Earbuds with epoxy-sealed batteries marketed as repairable.
- 23i — Prompting premature replacement of consumables. "Cartridge empty" with 20% remaining; calendar-timer filter alerts.
- 23j — Hiding the impact of using non-original parts. Must be disclosed pre-purchase.
Upstream amendment. EmpCo amends UCPD Articles 6(1)(b) and 7 to expressly include environmental and social characteristics and circularity aspects (durability, reparability, recyclability) among a product's main characteristics. Misleading actions or omissions on these aspects can be challenged case-by-case even when not on the blacklist.
For product/firmware teams: audit every update for performance impact; stop bundling security with feature updates; re-examine code paths that disable functionality on a counter or timer.
For UX teams: replace dishonest "cartridge empty" prompts with actual technical-state messages; distinguish "Security update — recommended" vs. "New features — optional".
Citations: Directive (EU) 2024/825, Article 1(4) inserting Annex I points 23d–23j; Article 1(2) amending UCPD Articles 6 and 7; Recitals 14, 17–21.
Recent enforcement (2024–2025). The Italian Consiglio di Stato upheld AGCM fines against Apple and Samsung for iOS/Android updates that degraded older-device performance (judgments confirmed 2024). France's DGCCRF opened proceedings against printer manufacturers — including an Epsonfirmware/chip case — over update practices that disabled third-party consumables. The Commission's ESPR delegated-acts pipeline through 2025 will add product-specific minimum update and spare-parts durations, complementing EmpCo's pre-contractual duties on software-update transparency.
Citations: Consiglio di Stato, decisions on AGCM Apple/Samsung throttling cases (2024); DGCCRF investigations, 2024–2025; ESPR delegated acts, ongoing 2025.