Hungary: New Consumer Protection Rules on Durability

In brief

Hungarian transposition of the European Union’s Empowering Consumers for the Green Transition Directive introduces new consumer protection rules relating to product durability and repairability. Accordingly, Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices and Government Decree No. 45/2014 (II. 26.) on the Detailed Rules Governing Contracts between Consumers and Businesses has been amended.

The amendments are intended to provide consumers, before purchase, with clearer information on products’ expected lifespan, repairability and long-term usability, thereby encouraging demand for more durable products.

The Hungarian legislation transposing the Directive entered into force on 27 September 2026.

In more detail

What is meant by durability?

• Durability means a product’s ability to retain its required functions and performance under normal use. The assessment takes into account the lifespan that may reasonably be expected for that type of product, having regard, for example, to the nature and price of the goods, maintenance requirements, frequency of use, and public statements on durability made by the manufacturer or another market operator.
• In this context, a commercial guarantee of durability is a voluntary undertaking by the manufacturer that the product will meet the durability requirements for a specified period of time. Where the manufacturer provides such a guarantee, it is directly liable to the consumer for repairing or replacing the goods throughout the guarantee period.

Who qualifies as a manufacturer?

• The manufacturer is the producer of the product, the EU importer in the case of imported products, and any person who presents itself as the manufacturer by placing its name, trademark or other distinguishing sign on the product.

Expanded information requirements

• The pre-contractual information requirements applicable to consumers will be expanded. Where the manufacturer makes the necessary information available to the business, consumers must be informed, in particular, of the following:
  • The existence and duration of any commercial guarantee of durability offered free of charge by the manufacturer.
  • For goods with digital elements, digital content and digital services, the period during which the manufacturer or provider will supply software updates.
  • The product’s repairability, including the official repairability score¹ or, where no such score is available, information on the availability and estimated cost of spare parts, how they may be ordered, and the available repair and maintenance options.

Harmonized EU label and notice

• Businesses were already under an obligation to inform consumers about their statutory rights relating to defective performance and, where applicable, the existence and conditions of after-sales services and commercial guarantees. In future, this information must be provided by means of the harmonized notice.
• A commercial guarantee of durability must be communicated by means of the harmonized label. The label must be clearly visible and must also draw consumers’ attention to the fact that, irrespective of the commercial guarantee, they are entitled to statutory rights relating to defective performance.
• The design and content of the harmonized labels and notices are governed by a Commission implementing regulation. Detailed practical guidance is available here.

Expansion of unfair commercial practices

• Another significant element of the transposition is the expansion of the list of unfair commercial practices. Accordingly, the amendment expressly prohibits misleading commercial practices, or practices that omit material information concerning the durability or repairability of products or the functioning of their digital elements.
• In particular, it may constitute an infringement if a business conceals the fact that a software update will adversely affect the functioning of goods with digital elements, digital content or a digital service, or presents as necessary an update that in fact merely provides new features and is not intended to maintain conformity with the contract.
• It is also prohibited for a business to engage in commercial communication concerning goods with a feature that limits their durability where information about that feature and its impact on the durability of the goods is available to the business.
• Similarly, it is prohibited to make a false claim that, under normal conditions of use, a product has a certain level of durability for a specified period of time or at a specified intensity of use.
• It is likewise unlawful to present a product as repairable when it is not in fact repairable.
• The amendments also specifically target practices that encourage consumers to replace or replenish a product’s consumables earlier than technically necessary.
• Finally, it is also an unfair commercial practice to conceal the fact that the use of non-original spare parts, accessories or consumables affects the functioning of a product, or to falsely claim that their use will cause damage.

What should affected businesses consider?

• Businesses should review and, where necessary, update their consumer information materials, product descriptions and marketing materials to ensure compliance with the new requirements.
• It is particularly important to verify that claims concerning products’ lifespan, repairability or long-term usability are adequately substantiated.
• Where a commercial guarantee of durability is provided, the harmonized label must be displayed in an easily accessible manner; the same applies to the harmonized notice concerning statutory rights relating to defective performance. This may be done, for example, by placing it directly on the packaging of the goods, displaying it on the shelf on which the goods are placed or, in the case of online sales, positioning it directly next to the image of the goods.

Who will be affected by the changes?

• The changes primarily affect businesses that sell goods, including products with digital elements, to consumers. These include, in particular, physical stores, online shops and traders selling through online marketplaces, as they must ensure that consumers receive information on commercial guarantees of durability and statutory rights relating to defective performance before purchase.
• Manufacturers and importers should pay particular attention to the information they provide to traders concerning products’ durability, repairability, expected lifespan, software updates and commercial guarantees of durability, as this information may form the basis of the information supplied by traders to consumers. Where they provide a commercial guarantee of durability, consumers may enforce claims arising from that guarantee directly against them.

Viktória Kölcsei, Law Clerk/Intern, has contributed to this legal update.

1 The repairability score is an indicator determined in accordance with EU requirements that reflects a product’s repairability and helps consumers assess how easily and cost-effectively the product can be repaired in the event of a defect. Where no such score is available, the business must provide information on the availability and estimated cost of the spare parts required for repair, as well as the conditions under which repairs may be carried out.