Electronics Right to Repair Laws Are Here – New York and Minnesota Lead the Way

On December 28, 2022, New York Governor Kathy Hochul signed the state's Digital Fair Repair Act into law. The Minnesota legislature quickly followed, passing its own version in May 2023. Interest in "right to repair" legislation for digital electronics equipment has been increasing in recent years, and the New York and Minnesota statutes are the first to require original equipment manufacturers (OEMs) to provide diagnostic and repair information, tools (including software), and parts for digital electronic equipment to independent repair providers and consumers. Right to repair laws are designed to provide greater flexibility for consumers by requiring OEMs to make tools, parts, and documentation for repair of digital electronic equipment equally available to equipment owners and independent repair shops, instead of exclusively available to OEM-authorized repair providers. The laws also provide protection from liability for OEMs for damage or injury caused by repairs carried out by the equipment owner or an independent repair shop.

Both the New York and the Minnesota laws apply to "[d]igital electronic equipment," defined as "any hardware product" that relies or depends on "digital electronics embedded in or attached to the product." Both laws also limit the application to equipment for which the OEM makes tools, parts, and documentation available to its own employees or any authorized repair provider.

Each law contains certain exclusions, and neither applies to motor vehicles, medical devices, or off-road equipment (including farming equipment). Protections for OEMs were built into the laws, and each specifically clarifies that an OEM is not required to divulge any trade secrets or license any intellectual property to any repair providers; make any tools, parts, or documentation available for the purposes of modifying any digital electronic equipment; or provide repair information that goes beyond what is provided to its own authorized repair shops.Each also provides some flexibility for OEMs who may wish to provide replacement products or parts assemblies instead of individual replacement parts. Additionally, the two laws include exceptions for the provision of information that would disable or override anti-theft security features.

Both laws will also apply retroactively once in effect: New York's Digital Fair Repair Act goes into effect on December 28, 2023 with respect to equipment first manufactured on or after July 1, 2023, and Minnesota's Digital Fair Repair Act will take effect July 1, 2024 with respect to equipment sold on or after July 1, 2021. The Minnesota law requires that OEMs make parts, tools, and documentation for repair of digital electronic equipment "sold or used in Minnesota" available "within 60 days after the first sale of the digital electronic equipment in Minnesota," while the New York law appears to leave open the question of whether the information, tools, and parts must only be provided upon request.

This trend is likely to continue, with at least 21 other states having a pending ballot measure or bill for electronics right to repair laws. OEMs and their authorized repair shops and industry groups will be watching for regulations that may offer additional compliance guidance. In the short term, OEMs should review their product repair manuals for updates and begin planning for making parts, documentation, and tools more widely available.

Please contact the DWT Technology practice group for additional guidance on right to repair laws or other upcoming legislation.