Recital 17

(17)It should also be prohibited under Annex I to Directive 2005/29/EC to withhold information from consumers about the fact that a software update will negatively impact the functioning of goods with digital elements or the use of digital content or digital services. In general, traders responsible for the development of software updates are expected to have such information, while in other cases traders can rely on reliable information provided by, for example, software developers, suppliers or competent national authorities. For example, when inviting consumers to update the operating system on their smartphone, the trader should not withhold information from the consumer that such an update will negatively impact the functioning of any of the features of the smartphone, such as the battery, the performance of certain applications or cause a complete slowdown of the smartphone. The prohibition should apply to any update, including security and functionality updates. For updates, including security updates, that are necessary to keep the good, digital content and digital service in conformity, Article 8 of Directive (EU) 2019/770 of the European Parliament and of the Council ¹¹ and Article 7 of Directive (EU) 2019/771 of the European Parliament and of the Council ¹² should also apply. This is without prejudice to Article 19 of Directive (EU) 2019/770.