Leducate Explains: Right to Repair Laws

 

Hint - key terms are defined. Just click on the blue words to see their definitions!

This article aims to provide a comprehensive overview of right to repair laws in the UK and how they impact consumers and the environment. 

Introduction

In recent years, the concept of right to repair has gained significant attention globally as a means to empower consumers, reduce electronic waste, and promote sustainability. In the United Kingdom, right to repair laws  have been in focus as a way to address issues related to planned obsolescence and promote a more sustainable approach to consumer products.

What are ‘Right to Repair’ Laws? 

A ‘Right to Repair’ is a consumer’s right to repair the goods which they purchase. In  practice this involves ensuring products are repairable, as well as guaranteeing access to repair manuals, spare parts, and affordable repair services.  

The reason right to repair laws are so important is because a strategy of ‘planned obsolescence’ has led manufacturers to build appliances with short lifespans, enabling them to sell more products

At the same time, manufacturers have made it increasingly difficult to fix appliances, as it is more profitable to sell consumers a new product, or offer costly in house repairs. Moreover, the warranties of many products are rendered void if repaired by non-licensed dealers or the  consumers themselves.  

However, as a result of growing environmental awareness, there has been a push to repair products rather than throw them away. This can be seen in the rise of initiatives like community repair cafes, and a wider desire to make-do-and-mend.  

Current Landscape in the UK: 

The UK government introduced new ecodesign and labelling requirements for specified electrical products sold in Great Britain under the The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 (“The Act”), also known as ‘Right to Repair Regulations’ which came into force in July 2021.  

These regulations provide consumers and ‘professional repairers’ access to spare parts and technical information, with a 2 year grace period to make spare parts available (Schedule 1(4)(a) of The Act). Repair tools, parts and information have to be available for up to 10 years after the product has been discontinued for certain new white goods and TVs (Schedule 1(2) of The Act).  

Image: via Kilian Seiler on Unplash

The Impact of Right to Repair Laws:

Consumer Impact: 

Right to Repair laws give consumers control over the lifespan of a product. It makes repairing an item more affordable, and easier. It also provides the option to sell a product which others might be interested in repairing, rather than buying new.  

Environmental Impact: 

Across the world, we generate 50 million tons of e-waste a year. This is equivalent to throwing out 1,000 laptops every single second.  

Repairing products would enable us to divert them from landfill. This is particularly important as e-waste contains a variety of toxic chemicals like Lead, Mercury, and Arsenic.  

Prolonging the lifespan of products enables us to conserve resources like the precious minerals used in phones. Making products which are easier to take apart also makes them, in the long term, easier to recycle, offering potential for a more circular economy.  

Potential Problems:

One of the arguments against right to repair laws is user safety. Critics argue that people may injure themselves performing repairs without the necessary expertise, or by using a product which has been poorly repaired.  

Another argument highlights the potentially stifling impact of the right to repair laws on innovation. The costs of distributing repair tools, parts and information for new products may lead to more standardisation, and discourage manufacturers from developing new designs.  

From an Intellectual Property perspective, opponents argue that sharing detailed product specifications to repairers would reveal trade secrets and proprietary information.  

The Right to Repair Laws are also limited by their scope. Many of these laws only cover consumer goods, and do not include industrial goods, or products purchased by businesses.

Image: via JESHOOTS.COM on Unsplash

Global Approaches to Right to Repair:

The United States: 

The first US Digital Right to Repair Bill was filed in South Dakota in 2014. In 2015, the first right to repair or ‘fair repair’ legislation was introduced.  

In 2021, President Joe Biden signed an executive order calling on the trade commission to institute rules to curb anti-competitive restrictions which limits citizens’ ability to repair products on their own terms. However, additional laws and regulations will be necessary to effectively enable the creation of the right to repair at a federal level.  

In 2022, New York became the first state in the USA to sign into law a right to repair for electronics: the Digital Fair Repair Act.  

The European Union:

In 2024, the EU adopted a set of right-to-repair rules. This requires companies to repair common household goods, even after the warranty period ends. Repairs must be offered at ‘reasonable’ prices.  

France in particular has led the way, creating a Repairability Index in 2021. This requires makers of electronic products to score their products against a range of criteria including availability of spare parts and ease of repair. 


Conclusion: 

Right to repair laws represent the willingness of legislators to make a significant step towards a more sustainable future. By extending product lifespans, reducing electronic waste, and empowering consumers, these regulations suggest a promising approach to addressing environmental challenges and promoting responsible consumption. Though the UK’s Right to Repair Laws are not the first piece of legislation of its kind globally, it demonstrates a shift in attitudes towards the things we own.

Written by Emilie Doré-Green

 

Glossary box

Warranty: a promise from a company to repair or replace a product that develops a fault within a particular period of time, or to do a piece of work again if it is not satisfactory.

White Goods: large electrical goods used domestically such as refrigerators and washing machines, typically white in colour.