New Warranty Rules in Hungary for 2026: What Consumers Need to Know

Introduction

Hungary’s warranty framework has undergone significant changes effective from 2026, strengthening the position of consumers and aligning national regulation more closely with the EU’s consumer protection acquis. The core legal instruments governing warranties in Hungary include Act V of 2013 on the Civil Code (Polgári Törvénykönyv, “Ptk.”), Government Decree 151/2003 (IX. 22.) on Mandatory Warranty for Certain Durable Consumer Goods (151/2003. Korm. rendelet), and Government Decree 373/2021 (VI. 30.) on Warranty and Guarantee Rules for the Sale of Goods and Digital Content (373/2021. Korm. rendelet), which transposed Directive (EU) 2019/771 (the Sale of Goods Directive) and Directive (EU) 2019/770 (the Digital Content Directive) into Hungarian law.

This article provides a comprehensive overview of the new warranty rules, explains what has changed in 2026, and offers practical guidance for consumers seeking to enforce their rights.

The Hungarian Warranty Framework: An Overview

Statutory Warranty (Szavatosság)

Under the Ptk., every seller is required by law to deliver goods that conform to the contract at the time of delivery. If a product is defective, the consumer has a statutory right to seek a remedy. This is known as kellékszavatosság (statutory warranty for defects). The general limitation period for statutory warranty claims is two years from delivery for new goods and one year for second-hand goods.

Importantly, the burden-of-proof rule favours the consumer: under Government Decree 373/2021, any defect that manifests within one year of delivery is presumed to have existed at the time of delivery unless the seller can prove otherwise. This presumption period was extended from six months to twelve months as part of Hungary’s transposition of the Sale of Goods Directive.

Mandatory Guarantee (Kötelező Jótállás)

In addition to statutory warranty, Government Decree 151/2003 imposes a mandatory guarantee (kötelező jótállás) on certain durable consumer goods listed in the annex to the decree. The duration of the mandatory guarantee depends on the purchase price of the product:

• Products priced between HUF 10,001 and HUF 100,000: one-year guarantee
• Products priced between HUF 100,001 and HUF 250,000: two-year guarantee
• Products priced above HUF 250,000: three-year guarantee

During the guarantee period, the seller (or manufacturer) must repair or replace the defective product free of charge, unless the defect was caused by improper use by the consumer.

What Has Changed in 2026?

Extended Mandatory Guarantee Scope

Effective from 1 January 2026, amendments to Government Decree 151/2003 have expanded the product categories covered by the mandatory guarantee. The updated annex now includes a broader range of smart devices, electric vehicles and their components, home energy management systems, and advanced household appliances with digital interfaces. Previously, many of these products fell outside the scope of the mandatory guarantee because they were not specifically listed.

Digital Content and Digital Services Warranties

One of the most significant developments in 2026 is the strengthened warranty regime for digital content and digital services under Government Decree 373/2021. In line with Directive (EU) 2019/770, consumers who purchase or subscribe to digital content (e.g., software, streaming services, e-books, cloud storage) now benefit from clear conformity requirements and remedies.

The seller or provider must ensure that the digital content or service:

1. Conforms to the contract — including description, quantity, quality, functionality, compatibility, and interoperability as agreed;
2. Is fit for the purposes for which digital content of the same type would normally be used;
3. Is supplied with all accessories, instructions, and updates as the consumer may reasonably expect;
4. Corresponds to any trial or preview version made available before the contract was concluded.

If the digital content is supplied on a continuous basis (e.g., a subscription), the provider is liable for any lack of conformity that occurs or becomes apparent during the entire contract period—not just at the moment of delivery.

New Rules on Software Updates

An important addition concerns the obligation to provide updates, including security updates, that are necessary to keep digital content or digital services in conformity. The 2026 amendments clarify that the seller or provider must:

• Inform the consumer about available updates and their importance;
• Supply updates for a period that the consumer can reasonably expect, taking into account the nature of the digital content and the contract;
• Bear liability if the consumer’s failure to install an available update causes a defect, only if the consumer was duly notified of the update and the consequences of not installing it, and the failure to install was not due to inadequate installation instructions.

Strengthened Burden-of-Proof Rules

As noted, the presumption of pre-existing defect already applies for one year from delivery for tangible goods. In 2026, this rule has been explicitly reinforced for goods with digital elements and for standalone digital content. The practical consequence is that within the first twelve months, a consumer need only demonstrate that the product or digital content is not in conformity—the burden then shifts to the seller to prove that the defect did not exist at the time of delivery (or, for continuous supply, during the relevant period).

Consumer Remedies Under the Updated Rules

Hierarchy of Remedies

Hungarian law establishes a hierarchy of remedies that the consumer must follow when enforcing warranty or guarantee claims:

1. Repair or replacement — The consumer may first request repair or replacement of the defective goods. The choice between repair and replacement is at the consumer’s discretion, unless the chosen remedy is impossible or would impose a disproportionate cost on the seller compared to the alternative.

2. Price reduction or rescission — If repair or replacement is not possible, not carried out within a reasonable time, or would cause significant inconvenience to the consumer, the consumer may request a proportionate reduction of the price or rescind the contract entirely.

The consumer may immediately request price reduction or rescission (without first requesting repair or replacement) if:

• The seller has declared, or it is clear from the circumstances, that repair or replacement is not feasible within a reasonable period or without significant inconvenience;
• The defect is so serious that it justifies immediate price reduction or rescission;
• The seller has failed to complete a repair or replacement.

Specific Rules for Digital Content

For digital content and digital services, rescission of the contract means that the provider must refrain from further use of any content produced or uploaded by the consumer, except in narrowly defined situations. The consumer, in turn, must cease using the digital content and delete any copies, unless doing so would be unreasonable.

Practical Guidance for Consumers

Preserving the Proof of Purchase

Consumers should always retain the receipt or invoice (számla) as proof of purchase. Government Decree 151/2003 requires the seller to issue a guarantee certificate (jótállási jegy) at the time of sale for products subject to mandatory guarantee. However, if the seller fails to issue the certificate, the guarantee still applies — the receipt or invoice alone is sufficient to establish the date and place of purchase.

Where to File a Complaint

If the seller refuses to honour a warranty or guarantee claim, consumers have several avenues for redress:

1. Consumer-protection conciliation bodies (békéltető testületek) — These bodies offer a low-cost, out-of-court dispute-resolution mechanism. As of 2026, sellers are obliged to participate in conciliation proceedings and cooperate with the body.

2. The Hungarian Authority for Consumer Protection (fogyasztóvédelmi hatóság), which operates within the Government Offices (kormányhivatalok) — Consumers can file a complaint with the competent government office, which can impose fines and order corrective measures.

3. Civil courts — Consumers may file a lawsuit before the competent court if out-of-court remedies are unsuccessful or if they prefer judicial resolution.

Time Limits

Consumers should act promptly when they discover a defect. While the limitation period for statutory warranty is two years, consumers are encouraged to notify the seller of the defect as soon as possible. Under the Ptk., the consumer must report the defect within two months of discovering it; notification within this period is deemed timely in all cases.

EU Context

Hungary’s updated warranty rules are part of a broader EU-wide initiative to modernise consumer protection. The Sale of Goods Directive (2019/771/EU) and the Digital Content Directive (2019/770/EU) set minimum harmonisation standards, meaning that Member States may adopt rules more favourable to consumers. Hungary has taken advantage of this flexibility by retaining its mandatory guarantee system (which goes beyond the minimum EU requirements) and by extending the presumption-of-defect period to twelve months.

The European Commission continues to monitor transposition and enforcement across Member States and has indicated that further legislative action may follow in the area of sustainable consumption, including potential rights to repair and longer product lifespans.

Conclusion

The 2026 amendments to Hungary’s warranty regime represent a meaningful enhancement of consumer rights, particularly in the digital sphere. Consumers purchasing smart devices, subscribing to digital services, or buying traditional durable goods all benefit from extended protections, clearer conformity requirements, and a stronger burden-of-proof framework. Understanding these rights is the first step to effectively enforcing them.

If you need legal advice on a warranty or guarantee claim in Hungary, Dr. Ildikó Nagy’s law office is available to assist with individual consumer disputes, claims against sellers or manufacturers, and representation before conciliation bodies or courts.