The European secondary market for technology products—such as smartphones, tablets, and laptops—is entering a more advanced and structured phase, supported by an increasingly robust regulatory landscape. With more consumers turning to cost-effective and environmentally friendly alternatives to brand-new devices, European legislators have introduced a range of measures to support the growth of the circular economy. The Legal Guide of Refurbishment, a comprehensive resource now in its second edition, published by French-based refurbisher Recommerce is an indispensable read for anyone involved in the refurbished tech industry. This guide provides essential legal and operational clarity for all actors in the ecosystem, including refurbishers, OEMs, marketplaces, and retailers.
Refurbishment now clearly defined
Until recently, the term "refurbishment" lacked a consistent legal definition across the European Union. That changed with Regulation 2024/1781, part of the updated Ecodesign framework, which defines refurbishment as any process that prepares a product for reuse by cleaning, testing, maintaining, and, if necessary, repairing it to restore its original function and performance. Crucially, refurbishment does not change the product's original design or purpose. This distinction sets refurbishment apart from remanufacturing (producing a new product from used components) or recycling (recovering materials from waste).
A patchwork of national and EU laws
While the EU is standardizing many aspects of refurbishment regulation, national laws such as those in France still play an essential role. For instance, under French law, a refurbished device is considered second-hand but must undergo full functional testing and, where needed, repairs to meet user expectations and safety requirements. Such national rules must now align with evolving EU directives and regulations, which form a growing legal backbone for the sector.
The Right to Repair Directive strengthens consumer rights
A major recent milestone is the EU’s Right to Repair Directive (2024/1799), which obliges manufacturers to offer repair services and provide spare parts, tools, and information at reasonable prices. Effective from July 2024, it aims to empower independent repair businesses and reduce waste. Consumers are now entitled to repairs even after warranties expire, and if a repair is not feasible, refurbished replacements must be offered. Importantly, manufacturers cannot block third-party repairs by using proprietary software or serialized components without providing the means for functionality restoration.
Battery regulation reinforces access and longevity
Batteries are central to the refurbishment of mobile devices, and the Battery Regulation (2023/1542) ensures they remain accessible. It requires that batteries be easily replaceable using standard tools, prohibits anti-replacement software, and mandates availability of batteries for at least five years after a device’s last market appearance. This is a significant development for Apple iPhone refurbishers, who have long struggled with battery serialization and restrictive repair policies.
Ecodesign: From concept to compliance
Ecodesign Regulation 2024/1781 not only defines refurbishment but mandates sustainability criteria in the design phase. Products, particularly smartphones and tablets, must now be easier to disassemble, repair, and refurbish. Complementary Regulation 2023/1670 adds that spare parts (such as batteries, screens, cameras) must be available for seven years, and manufacturers must provide repair manuals and diagnostic tools. Software updates must also be freely available for at least five years. While part serialization is allowed, manufacturers must provide tools to allow independent repairers full functionality restoration after part replacement.
Traceability improves through mandatory records
Traceability is another pillar of the EU’s circular strategy. In countries like France and the Netherlands, businesses must maintain police registers for second-hand goods, listing origin, seller information, and product characteristics. Non-compliance can lead to heavy penalties. Additionally, the EU will implement a Digital Product Passport from 2027, which will store and display data on a product's repair history, materials, and environmental impact. Accessible through a QR code, this passport will enhance confidence in refurbished devices.
Selling refurbished products comes with obligations
Marketing and selling refurbished products within the EU is subject to strict transparency rules. The 2019 Omnibus Directive governs how price reductions can be communicated. Sellers must not compare refurbished device prices to new ones without disclosing product differences. Descriptions like “like new” or “new condition” are prohibited. Instead, sellers must clearly explain refurbishment grades and what they include (e.g., “45-point quality check”).
Consumers are protected under the EU Sale of Goods Directive (2019/771), which grants a minimum one-year legal guarantee on refurbished goods. In many countries, this extends to two years, matching the warranty for new items. If a refurbished Apple iPhone is repaired during the warranty period, the guarantee extends by 12 months. Consumers are also protected against hidden defects and misrepresentations.
Financial contributions and private copying levies
Refurbishers must navigate eco-contributions required under the Waste Framework Directive (2008/98/EC), which funds the recycling of electrical equipment, batteries, and packaging. The first entity placing the product on the EU market bears the responsibility—often the refurbisher for resold goods. These fees vary by country and product type. In addition, some countries impose private copying levies on refurbished devices, potentially adding up to € 10 to the final price.
VAT margin scheme eases resale taxation
To prevent double taxation, the EU allows resellers to use the VAT margin scheme (VAT MS), where tax is applied only to the seller’s margin (sale price minus purchase price). This scheme is only available when buying from non-VAT-registered entities like individuals or small businesses. Imported devices from outside the EU don’t qualify and are subject to standard VAT and import duties. Maintaining proper documentation is essential to prove eligibility.
CE conformity still applies
All refurbished products must meet CE conformity requirements as defined by EU law. However, refurbishers are not obliged to update the compliance status of devices already legally placed on the market. This means that a product's conformity is assessed based on the legislation applicable at its first market entry, simplifying obligations for refurbishment businesses.
USB-C becomes mandatory for new devices
From December 28, 2024, mobile phones and certain other electronic devices sold in the EU must use a USB-C charging port. This rule does not apply retroactively to refurbished products placed on the EU market before that date. As such, Apple iPhones with Lightning connectors can continue to be refurbished and resold without needing USB-C conversion. However, every imported device into the EU after 28 December 2024 does need a USB-C charging port. So in practise: all used Apple iPhones before iPhone 15 from outside EU are banned.
An evolving framework for the circular economy
The second edition of The Legal Guide of Refurbishment Recommerce has clearer definitions, give reader better insights into consumer protections, and the regulatory framework that actively supports repair and reuse. The European Union is laying the groundwork for a more transparent and sustainable secondary market. Refurbishers who align with these evolving rules will not only avoid legal risks but also build greater trust with consumers and regulators.
Go to https://www.recommerce-group.com/en/resources if you would like to download full report.
Market
Trade-in
Repair
Refurbishing
