Questions related to the receipt and preservation of labels

What to do with defective or damaged labels?

Defective or damaged labels must not be given to consumers or must be taken back from consumers at their request and then returned to the district (in Budapest, the capital district) office. It may be advisable to authorise the same persons to return the labels as to receive them. Determining the detailed rules for data provision is the responsibility of the Government Office of the Capital City Budapest (BFKH) and the county government offices.

What is the manufacturer's recommendation for the storage and usability of labels?

The labels should be stored away from sunlight, fire and other physical or chemical influences at between 10 and 30 degrees Celsius, preferably in foil or paper bags due to the fragility of the scratch-off part. If the storage recommendation is followed, the adhesive material of the sticker will ensure proper adhesion of the label for 3 years at a temperature between 10-30 degrees Celsius, protected from moisture, fire and other physical/chemical influences, the usability of the sticker by the consumer for at least 5 years and the readability of the data erasure code for 10 years.

How long can labels be given to consumers?

Under Section 13(1) of the Decree, labels may be supplied to consumers until 31 December 2023.

Questions related to the return of labels

What to do with labels that have not been given out?

Pursuant to Section 14(1) of the Decree, traders shall return labels – including damaged labels – not handed over to consumers by 31 December 2023 to the district (in Budapest, the capital district) office competent according to their registered office or place of business by 31 January 2024. If you have any questions about this, you can contact the district (in Budapest, the capital district) office.

Questions related to providing labels and data erasure codes to consumers

For which devices do I need to provide labels or data erasure codes?

The range of durable media devices supported by the data erasure application: Durable media devices

What do I need to know about the proof of delivery of labels and data erasure codes?

When a durable medium is purchased, the trader is obliged to provide the consumer with a label or data erasure code, but there is no such right or obligation in the case of a transfer for any other reason or legal title.
According to Section 3(1) of the Decree, by handing over the label or data erasure code, the consumer becomes a user entitled to use the data erasure application and the label or data erasure code becomes their property. From then on, the label or data erasure code does not share the legal fate of the product.

How can the unused status of a label be checked?

The use of the label is proved by the removal of the covering layer and the failure of use is stated by the consumer.

What to do about labels in the event of withdrawal from sale, device replacement or change of ownership?

According to Section 13(1) of the amended Decree, the provisions of the Decree in force until 31 December 2022 shall apply to the use of the label. According to Section 8(5) of the Decree, in case of exercising warranty or guarantee rights, the trader may only accept a label with an intact cover from the consumer. According to Section 8(6), the label is not independently marketable, so another label cannot be handed over independently of a device.
When the durable medium is purchased, the trader must provide the consumer with a label. If it is provided for any other reason – under any other legal title – there is no such right or obligation.
The Decree does not address any obligation on the part of the consumer to return the label as well, so the trader cannot oblige the consumer to do so.
According to Section 3(1) of the Decree, by handing over the label, the consumer becomes a user entitled to use the data erasure application and the label becomes their property. From then on, the label does not share the legal fate of the product. If the product is replaced or there is a withdrawal from the sale, this does not mean that the consumer has to return the label to the trader. However, if the consumer does so, the trader must hand the label over to the district office for destruction.

What to do about data erasure codes in the event of withdrawal from sale, device replacement or change of ownership?

The Decree does not address the issue of withdrawal in relation to data erasure codes, nor does it address the issue that the consumer would be obliged to return the erasure code as well in case of withdrawal from the sale, so the trader cannot oblige the consumer to do so.
When the durable medium is purchased, the trader must provide the consumer with a data erasure code. If it is provided for any other reason – under any other legal title – there is no such right or obligation.
According to Section 3(1) of the Decree, by handing over the data erasure code, the consumer becomes a user entitled to use the data erasure application and the data erasure code becomes their property. From then on, the data erasure code does not share the legal fate of the product. If the product is replaced or there is a withdrawal from the sale, this does not mean that the consumer has to return the data erasure code to the trader.

What happens if the consumer loses, discards or cannot find the label or the data erasure code?

The label or the data erasure code provides the consumer with the possibility to use a service, so, like a purchased ticket or pass, the label or the data erasure code must be kept until the actual use. If someone loses or discards the label or the data erasure code, it can be used by the person who finds it. If the consumer has not lost the label or the data erasure code but cannot find it, they will not be able to use the data erasure application. The trader cannot replace a lost, discarded or missing label or data erasure code.

Is there a trader responsibility or some safety measure that is important to follow with regard to labels?

Labels are forms of strict accountability and the trader must treat them accordingly and keep them intact. This obligation is incumbent on the trader from the time of receipt from the district office until the handing over to the consumer.

How should the monthly data provision on labels be done? Does the trader have to keep the records?

Determining the detailed rules for registration and data provision is the responsibility of the BFKH and the county government offices.

How should I report the data due for data erasure codes?

Determining the detailed rules for data provision is the responsibility of NAV. For related questions, please contact NAV.

Questions arising in relation to the introduction of the data erasure code

Is there a need for improvements to move to data erasure codes?

If the trader places the data erasure code on the accounting document, it is a one-off development obligation. For related questions, please contact NAV.

How to claim a data erasure code from NAV?

From 15 December 2022, traders must claim data erasure codes electronically by filling in the SORSZIG form, which allows 100,000 data erasure codes to be requested at a time. A trader may submit several SORSZIG forms at the same time.