Anspruch auf IT-Sicherheitsaktualisierungen bei smarten Produkten

For a long time, there has been tension between the continuous assurance of IT security through updates and the sales contract as an originally one-off exchange of services. On 1 January 2022, the update obligation pursuant to Section 475b(4)(2) of the German Civil Code (BGB) was introduced into sales contract law, which is intended to defuse this tension. This work sets out to examine this update obligation in detail. On the one hand, it provides insights into the function and effect of the update obligation from a ‘practical‘ perspective, and on the other hand, it answers the question of how the update obligation fits into the overall system of sales contract law from a ‘dogmatic‘ point of view.