Cologne Higher Regional Court ruling: According to the judge's ruling, retailers do not have to provide information about security gaps and missing updates in smartphones.
The North Rhine-Westphalia Consumer Center and BSI are calling for effective consumer protection for smart devices because, according to the judge's ruling, retailers do not have to disclose security gaps:
No consumer-friendly message for buyers of networked devices: At the end of October, the Cologne Higher Regional Court (OLG) decided (AZ: 6 U 100/19) that dealers do not have to inform about existing security gaps in the device software when selling a smartphone and can also remain silent if No software or security updates will be available for the device type presented.
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Smartphones are an essential communication tool for many consumers. They are even conducting financial transactions more and more often on mobile devices. In order to ensure the protection of your data and protect it from damage in the event of misuse, regular security updates are essential.
In the opinion of Wolfgang Schuldzinski, board member of the North Rhine-Westphalia Consumer Center, the court completely missed the opportunity to ensure more transparency and security in mobile communications with its verdict:
“If unsafe devices are brought onto the market, consumers must be made aware of possible risks at the time of purchase.”
Consumers themselves are usually not in a position to assess the security level of a device.
“Unfortunately, the Cologne Higher Regional Court’s decision makes it clear how unprotected they currently are when purchasing smart devices,”
said Schuldzinski. Arne Schönbohm, President of the BSI, also sees the smartphone as a central component of the digital world:
“The smartphone is not only a universal access to online services, but can also serve as a control device in the Internet of Things. When smartphones, as in the case we examined, have security gaps and are no longer provided with updates by the manufacturer, they pose a danger to consumers.
We therefore need a joint effort, especially from manufacturers and retailers, to ensure that such unsafe devices are not put on sale and to ensure that they are provided with updates at the time of sale. Otherwise, a smartphone will quickly become a stupid phone.”
There is light on the horizon with a consumer policy solution:
From 2022, the EU Sales of Goods Directive (2019/771) will require retailers to provide buyers of smart devices with updates for as long as they can reasonably expect them. The North Rhine-Westphalia consumer advice center is calling on the legislature to strengthen the rights of users of smart devices as best as possible through a consumer-friendly implementation of the directive.
Background: In 2016, Media Markt offered the smartphone from the manufacturer Mobistel Cynus T6 8 GB with the operating system “Android 4.4.2 Kitkat” in a branch in Cologne. A technical test of the device by the BSI revealed that the smartphone's operating system had various security gaps and that its use posed a significant security risk. Media Markt did not inform customers about these gaps and the fact that security updates were no longer available at the time when they sold the device.
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The consumer advice center had filed a lawsuit against this in order to enforce appropriate consumer information in stores. However, Media Markt was not obliged to provide information, the Cologne Higher Regional Court has now decided in the second instance. The information about the existence of security gaps on a device is not “essential” within the meaning of the Unfair Competition Act (UWG). It should be taken into account that information about the existence of security gaps is of great importance for the consumer.
On the other hand, however, it is unreasonable for retailers to obtain information about security gaps for each individual smartphone model they offer through tests, for example. Furthermore, sellers do not have to inform if updates for security gaps are not provided in the future.
Related to the topic: Twitter warns of security gap
Source: North Rhine-Westphalia Consumer Center
Article image: Shutterstock / By goodluz
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