If the supplier provides a software update to the dealer which changes the product, including its efficiency, the supplier has to provide a new label and the dealer has to display it. The dealer is not at fault if the supplier did not actively communicate that the update is connected to a change of the label. If the software update is done after the product is put in service, the supplier shall request explicit consent from the customer regarding any changes that would be detrimental to the parameters of the energy efficiency label, as set out in the relevant delegated act.
For a period proportionate to the average lifespan of the product, the supplier shall give the customer the option of refusing the update without avoidable loss of functionality as provided for in Article 3.4 of the Energy Labelling regulation.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.