The Internet of Forgotten Things: European cybersecurity regulation and the cessation of Internet of Things manufacturers

Many modern consumer devices rely on network connections and cloud services to perform their core functions. This dependency is especially present in Internet of Things (IoT) devices, which combine hardware and software with network connections (e.g., a ‘smart’ doorbell with a camera). This paper argues that current European product legislation, which aims to protect consumers of, inter alia, IoT devices, has a blind spot for an increasing problem in the competitive IoT market: manufacturer cessation. Without the manufacturer’s cloud servers, many IoT devices cannot perform core functions such as data analysis. If an IoT manufacturer ceases their operations, consumers of the manufacturer’s devices are thus often left with an obsolete device and, as the paper shows, hardly any legal remedies. This paper therefore investigates three properties that could support legislators in finding a solution for IoT manufacturer cessation: i) pre-emptive measures, aimed at ii) manufacturer-independent iii) collective control. The paper finally shows how these three properties already align with current legislative processes surrounding data portability, interoperability and open-source software development and analyses whether these processes can provide an adequate remedy for consumers.