New York State is the first to legislate the right to repair electronic products. However, the law was drastically changed at the last minute, so that it now hardly grants any additional rights to private individuals and small repair shops.
The governor signs the amended version of the law
In the summer of last year, the New York State Senate voted for a voted draft law, which recognizes the right of individuals to have purchased electronic devices repaired. Manufacturers should therefore be obliged to provide assembly instructions, wiring diagrams and other essential information about their devices, as well as spare parts and unrestricted access to all parts of the device needed for repairs. New York saw itself as a pioneer in the United States and the world. On the one hand, the right to repair should lead to more sustainable consumption behaviors and thus stem the ecological problems attributable to mass consumption, and on the other hand, social inequality should be reduced by making access to functional electronic devices, which are essential for social participation, cheaper in the long run.
However, all of that is now off the table. The law came into force. However, Governor Kathy Hochul did not sign the law approved by Parliament, but a modified version of the law containing numerous restrictions. For example, manufacturers can now still sell packages of spare parts instead of individual spare parts. This significantly increases the repair costs for private individuals, who do not necessarily have to buy a new display, but have to buy a package consisting of display, battery and motherboard right away. The right to obtain passwords, codes or materials needed to access certain parts of the device has also been removed. In practice, this means that repairs will remain largely impossible without resorting to specially authorized workshops.
Another change concerns the validity of the law. It is now expected that only devices that will be manufactured or sold in New York beginning in June 2023 will be registered. As a result, the right to repair does not apply to any devices previously purchased.
Broad critique of change
The last-minute change in the law drew widespread criticism. In the context of this, reference is made repeatedly to the fact that the law in its current form is de facto ineffective. Furthermore, the complaint is directed to the fact that ultimately the interests of large companies have been placed before those of private individuals, which the law intends to protect instead.
