Important legislative changes: certain consumer rights now extend to SMEs

Several legislative amendments have recently expanded the rights of micro, small and medium-sized enterprises (SMEs), allowing domestic companies with fewer than 250 employees and net sales of less than EUR 50 million to enforce consumer rights. Based on a previous amendment to the Civil Code, consumer rights enforceable in the area of ​​defective performance will also extend to SMEs from August 2025, if they act outside their profession, independent occupation or business activity.

In line with this, the legislator is now further strengthening the enforcement options of SMEs: based on the amendment to the Consumer Protection Act, from January 1, 2026, SMEs can also initiate conciliation proceedings if they use a public service or purchase a product or service in retail. From 1 March 2026, the mandatory warranty rules for certain durable consumer goods will also apply to SMEs, if the product is purchased in retail, regardless of its accounting in the scope of economic activity.

Thanks to the amendments, the affected enterprises will have the same rights as natural person consumers in many respects. Thus, first of all, they are entitled to a two-year warranty and mandatory warranty, just like consumers. In addition, among other things, there is a presumption of defective performance for 6 months after performance, and in the event of replacement, no claim for enrichment can be asserted against them, according to the Civil Code. The chapter on defective performance and the rules of the government decree on mandatory warranty cannot be deviated from to the disadvantage of SMEs, and the mandatory warranty period is extended for them by the duration of the repair.

As a result of the changes, it becomes necessary for traders to update warranty cards, websites and advertising materials, and to properly inform SMEs about the possibility of contacting a conciliation body in the event of a legal dispute.