The Chamber of Deputies is currently deliberating on amendments to the Consumer Protection Act and the Civil Code, together with a draft of a new Act on certain obligations relating to the repair of products.[1] The aim of these changes is to transpose into Czech law new European regulations aimed at strengthening the position of consumers in the context of the green transition, promoting the repair of goods and phasing out the European platform for the online resolution of consumer disputes.

Below is an overview of the most important changes concerning the reparability of goods. Most of the proposed measures strengthen consumer protection; however, some rules will apply generally, regardless of who is a party to the legal relationship in question. Both proposals have already passed their second reading in the Chamber of Deputies, and further deliberations are expected after the parliamentary recess.

1. Strengthening consumers’ rights in relation to claims arising from defective performance

One of the main changes is the extension of the time limit for asserting rights arising from defective performance where the defect subject to the complaint is remedied by repair. If a consumer makes a warranty claim regarding defective goods and the defect is repaired, the statutory time limit for raising a complaint about the defect is extended by one year. Overall, it will therefore be possible to make claims for defects for up to three years from the date of taking delivery of the goods. The trader will be obliged to inform the consumer of this extension.

It is also expressly stipulated that confirmation of the date and manner of settling the complaint must always be issued in writing. This also applies to confirmation of the repair carried out and the time taken to complete it. A breach of this obligation will constitute an offence under the Consumer Protection Act.

The seller is now also liable to the buyer for ensuring that the item, through its repairability, corresponds to the usual characteristics of items of the same kind that the buyer may reasonably expect. The seller’s public statements will also be taken into account in this regard.

If, when making a warranty claim, the consumer requests a replacement, they may be offered a refurbished product free of defects instead of a new one, but only if the consumer expressly requests this.

The amendment also clarifies the method for determining a reasonable price reduction. If the buyer opts for the defect to be remedied by means of a reasonable discount, the reasonable discount shall be determined according to the ratio of the value of the defective item to the value it would have if it were free from defects.

It will also constitute a new offence if a trader, as the provider of a guarantee, fails to issue a guarantee certificate where a quality guarantee has been agreed.

2. Extension of the list of misleading commercial practices

The amendment to the Consumer Protection Act extends the list of misleading commercial practices, i.e. conduct that is prohibited in relation to consumers.

The following, for example, will now be considered misleading commercial practices:

• withholding information that a software update will adversely affect the functioning of a product, digital content or digital service,
• presenting a software update as essential, even though it merely improves functionality,
• promoting a product where the trader is aware of the existence of a built-in feature designed to limit its lifespan,
• providing false information about the product’s lifespan under normal use,
• describing a product as repairable when it is not,
• attempting to persuade consumers to replace or replenish consumables earlier than is technically necessary,
• concealing or misrepresenting information as to whether the use of spare parts, accessories or consumables from another manufacturer will affect the product’s functionality.

In particular, this strengthens the fight against practices leading to the premature replacement of products with new ones.

3. New information that must be provided to consumers before concluding a contract or making an offer

Businesses will have to provide consumers with more information even before concluding a contract or making an offer.

As part of the information on rights arising from defective performance, guarantees and after-sales service, they will now be required to specify, in particular:

• the main elements of rights arising from defective performance, including the period within which a defect may become apparent and which the buyer may give notice of[2], and
• information on any longevity guarantee provided by the manufacturer for a period exceeding two years.[3]

Information must now also be provided on:

• the period for which free software updates necessary to maintain the digital product’s conformity with the contract will be provided,
• an assessment of the product’s reparability, where required by European Union legislation,
• the availability of spare parts, their estimated price and how to obtain them,
• the availability of maintenance and repair instructions,
• any restrictions on the reparability of the product.[4]

4. Draft of a new Act on Certain Obligations Relating to the Repair of Products

The draft Act on Certain Obligations Relating to the Repair of Products (hereinafter the “Repair Act”) represents a comprehensive implementation of the requirements of the Directive on common rules to promote the repair of goods.

The amendment is intended to introduce, amongst other things, the concept of a ‘repairer’, which is defined as a trader who provides product repair services as part of their business.

In line with European regulations, the main obligations under the Repair Act are intended to apply only to selected categories of goods. These comprise 10 categories of products (listed in Annex 1), namely domestic washing machines, domestic dishwashers, refrigeration appliances, electronic displays, welding machines, vacuum cleaners, servers and data storage devices, mobile phones and tablets, domestic tumble dryers, and goods with built-in batteries for light vehicles (e.g. e-bikes).

The manufacturer’s obligation to provide repairs

The manufacturer will be obliged, at the consumer’s request, to repair the selected products to the extent and under the conditions laid down by European regulations, provided that the repair is technically feasible.

A repair cannot be refused solely on the grounds that the product has previously been repaired by another repairer or by the consumer themselves.

The cost of the repair, spare parts, tools required for the repair, or the loan of a replacement product must be reasonable.

Manufacturers will also be obliged to provide clear information about their repair services and to publish indicative prices for typical repairs. At the same time, they must not prevent repairs by technical means, such as software restrictions, nor must they disadvantage independent repairers when it comes to access to spare parts.

If the manufacturer is not established in the European Union, these obligations will gradually pass to their authorised representative, importer or distributor.

European Repair Information Form

At the consumer’s request, the repairer will be able to issue a European Repair Information Form. In this form, the repairer will clearly and comprehensibly set out the terms and conditions of the repair to the consumer. [5]

The terms and conditions set out in the form cannot be unilaterally altered for a period of 30 days, unless the parties agree otherwise. If the consumer accepts the offer within this period, the repairer will be obliged to carry out the repair under the stated conditions.

European online platform for repairs

Repairers will be able to register on the Czech section of the European online platform for repairs, which will be set up by the European Commission. [6] The platform is designed to make it easier to find repairers, and its use will be free of charge for both consumers and repairers.

Penalties

Failure to carry out a repair or to provide information in contravention of the law will constitute an administrative offence, for which a fine of up to 5 million CZK may be imposed.

Conclusion

Given that the proposals are currently being debated in the Chamber of Deputies, it is not possible at this stage to predict with certainty their final wording or the exact date of entry into force. Following potential approval by the Chamber of Deputies, the proposals will, as is standard procedure, be referred to the Senate for consideration and subsequently to the President of the Republic; only then can they be published in the Collection of Laws. They are therefore likely to come into force in the autumn months.

We will continue to monitor the legislative process and keep you informed of any developments.

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[1] These are Parliamentary Prints 53/0 and 62/0.

[2] It shall provide this information clearly via a harmonised notification, the format and content of which are laid down in Commission Regulation (EU) 2025/1960. A template for the harmonised notification is available here.

[3] The business operator shall provide this information clearly via a harmonised label, the format and requirements of which are laid down in Commission Regulation (EU) 2025/1960. See the link in the previous footnote for a template.

[4] To date, the only legislation adopted at EU level is Commission Delegated Regulation (EU) 2023/1669, which regulates the display of energy consumption on the energy labels of smartphones and slate-type tablets; and which defines the repairability classes for these devices.

[5] A template of the form is set out in Annex 1 to the Directive on common rules for the promotion of the repair of goods, or in Annex 2 to the draft Act.

[6] It will be an extension of the ‘Your Europe’ portal and is expected to go live in 2027.