HB41 – The Digital Right to Repair Act

House Bill 41 is the Delaware Digital Right to Repair Act, and it mirrors identical legislation that is being considered in other states across the nation. Currently when an electronic product such as a phone or electronic game breaks, it is only allowed to be repaired by the manufacturer and parts need for the repair are not available to the public at large, whether you are a consumer or local electronics repair shop.

This act requires the manufacturer to make parts, documentation, tools, and updates available on fair and reasonable terms. This act would force manufacturers such as Apple, Samsung, and HP to openly sell parts and provide diagnostic manuals to consumers and independent repair shops.

The Act would apply to “any product that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to the product.” Interestingly, it excludes farm, marine, lawn and garden products, off-road equipment as well as construction equipment, generators, batteries, fuel cells and internal combustion engines. The bill’s prime sponsor is Representative Ruth Briggs-King, and those exclusions are interesting when you consider she comes from Sussex County, where all the above referenced exclusions are constant present in Sussex County.

Under the Act, the state attorney general would be empowered to take action against any company found in violation of the act. Sanctions could include injunctions, lawsuits, or fines of up to $10,000 per violation.