Right to Repair

The European Right to Repair Directive (EU 2024/1799) comes into force on July 31, 2026, reshaping the landscape for professional repairers and secondary market operators across Europe. While much of the public discourse focuses on consumer benefits, the directive creates significant opportunities and challenges for businesses operating in repair, refurbishment, and the circular economy. This analysis examines the directive’s real implications for professional repairers, refurbishment operations, and secondary market actors—not from a consumer perspective, but from the business standpoint.

From the 40+ Ecodesign product groups, only 10 are selected; Right to repair is as a cherry on the “Ecodesign Cake”. Crucially, Servers and Data Storage products are included in the scope, other ICT products included are Smartphones/Tablets and Monitors. PC’s and external power supplies will be added later.

1: The July 2026 Landmark – A New Paradigm for Professional Repairers

On July 31, 2026, the European Union’s Right to Repair (R2R) Directive officially comes into force across member states. For the circular economy and independent IT aftermarket, this legislation represents a critical shift.

• Manufacturers are to provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means.
• The “Professional Repairer” Standard: Crucially, the directive avoids fragmenting the secondary market by using “professional repairers” as the general term to cover independent repairers, maintenance providers, and refurbishing businesses alike.
• National Registers: Member states are required to establish national registers for repairers, which must also encompass B2B providers. Being registered on these portals will represent a critical gateway to gaining access to OEM information, diagnostic tools, and spare parts.
• Price Transparency Mandate: OEMs must publish indicative pre-tax prices for spare parts in euros, eliminating hidden pricing and enabling competition.
• Member states need to take at least one measure promoting repair by 31 July 2029, thought this will probably only include consumers/B2C.

2: Wins for the IT Aftermarket

While public discourse centers on consumer electronics, the R2R Directive establishes significant structural wins for the B2B IT secondary market:

• Legal Protection Against OEM Restrictions: Manufacturers are explicitly forbidden from implementing practices that block independent repair, such as using software/hardware techniques or contractual clauses to restrict repair.
  • Note: We expect some actions to be taken for non-compliance, especially seen some practices regarding Storage Systems.
  • The directive requires member states to establish penalty structures, but these are still being finalized. Ecodesign has no penalty structure, this makes the R2R stronger.
• Alternative Sourcing: OEMs must permit the use of original, second-hand, compatible, or even 3D-printed spare parts by independent repairers, provided they conform to safety and intellectual property standards.
• Price Transparency and Competition: OEMs are required to publish indicative pre-tax prices for spare parts. This transparency allows independent repairers to confidently undercut OEM pricing and demonstrate superior value. OEMs must provide parts at reasonable price; at a level that will not block repair.
  • Note: Disputes over what constitutes “reasonable” may require national enforcement.

3: The Directive’s Structural Shortfalls

Despite the aforementioned progress, Free ICT Europe highlights deep structural limitations that fail to address the realities of business-to-business (B2B) ICT infrastructure:

• The B2C Bias: The directive fundamentally focuses on consumer goods, consumer repair, and consumer rights. B2B networks and enterprise IT environments are largely overlooked.
• Network Equipment is not included, as not an active Ecodesign product group.
• Zero Restraints on Software Licensing: The directive fails to restrict software licensing practices, allowing OEMs to continue locking hardware through non-transferable or re-installing software.
• Parts Pairing & ITAD Gaps: It contains no ban on software “parts pairing” (which is left to Ecodesign).
• No requirements for certified data erasure or data access for IT Asset Disposition (ITAD) providers.
• Parts delivery not set for a maximum of for instance 5 days; new Ecodesign laws will take this up.
• The PC and Laptop Delay: PCs and laptops are currently excluded from the list of covered devices in Annex II. Their inclusion relies entirely on an update to the “Ecodesign Lot 3” regulation, which is currently delayed and under review.

4: Navigating the OEM Non-Compliance Risk

A major concern for independent operators is the directive’s complete lack of direct, centralized enforcement mechanisms:

• No Central Oversight: The directive does not establish standard European penalty structures, dispute resolution channels, reporting obligations, or a central oversight authority.
• The Burden on Member States: The responsibility is shifted entirely to individual EU Member States to lay down their own rules on effective, proportionate, and dissuasive penalties. Member States must notify the Commission of these rules by July 31, 2026. This localized approach risks creating a fragmented and inconsistent enforcement landscape across the European single market.

Enforcement Challenges

The directive opens the door—but professional repairers must expect to build business cases. The IT aftermarket and Free ICT Europe should look for:

• Documentation of all OEM refusals to supply parts or information
• Engage with national competition authorities early (not just in disputes)
• Prepare legal strategies for member state disputes

5: Free ICT Europe’s Roadmap – The Interlinked Policy Matrix

To truly unlock digital sovereignty, extend hardware lifespans, and protect the secondary IT market, Free ICT Europe stresses that the R2R Directive must not be viewed in isolation. It represents just one component within a complex, highly interdependent regulatory matrix:

• Ecodesign (ESPR): While R2R regulates the after-sales phase, the ESPR (Regulation (EU) 2024/1781) governs physical repairability design, parts pairing, and the upcoming Digital Product Passport (DPP).
• The Cyber Resilience Act (CRA): Crucial for establishing long-term software support and security updates that outlast basic hardware warranties.
• The Data Act (Regulation (EU) 2023/2854): Vital for giving third-party maintenance providers and end-users legal, unrestricted access to the raw performance and diagnostic data generated by hardware.

6: R2R Conclusion: Opportunity Within Constraints

The European Right to Repair Directive represents a structural shift in favor of professional repairers and secondary market operators, but success requires strategic action and clear-eyed assessment of limitations.

For the IT Aftermarket, the key takeaways are:

1. Register immediately in your national repair register; this is your credential for accessing OEM information as mentioned in (upcoming) Ecodesign legislation.
2. Leverage price transparency to compete on value and undercut OEM repair pricing where margins allow
3. Prepare for enforcement gaps by documenting OEM non-compliance and engaging with national authorities
4. Address gaps proactively: develop independent standards for data handling, security updates, and refurbished goods quality
5. Monitor Ecodesign updates for PC/laptops and external power supplies—these will expand your legally protected product portfolio

The directive is a victory for the independent repair ecosystem, but it is not a complete solution. Professional repairers must view it as a legal foundation to build upon, not a ceiling to operate within. The competitive advantages it creates are real—but they must be claimed and defended through active engagement with national platforms, OEM negotiations, and potentially legal action.