China summons eight EV makers over OTA battery‑locking practices
#Regulation

China summons eight EV makers over OTA battery‑locking practices

Startups Reporter
3 min read

Chinese regulators have called eight electric‑vehicle manufacturers to account after investigations revealed that over‑the‑air updates were used to lock battery performance, cutting range and inflating charging times without owners’ consent. New bans prohibit silent OTA changes, battery throttling, and misleading claims, while demanding transparent filing of core parameter tweaks.

Background

China’s consumer watchdog platform 12315 recorded 12,000 complaints about electric‑vehicle software in the past year, a 273 % jump from the previous period. The surge prompted the Ministry of Industry and Information Technology (MIIT) and the State Administration for Market Regulation (SAMR) to issue a set of four regulatory prohibitions aimed at curbing opaque over‑the‑air (OTA) practices.

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The prohibited practices

  1. No silent OTA updates – manufacturers must obtain explicit owner consent before any software change that could affect vehicle operation.
  2. No battery‑locking or feature downgrades – altering Battery Management System (BMS) parameters to reduce charge capacity or limit discharge rates is banned.
  3. Mandatory filing of core‑parameter changes – any modification to BMS, motor control, or range‑estimation algorithms must be reported to regulators before rollout.
  4. No misleading advertising – claims about range, charging speed, or battery health must be verifiable and not contradicted by OTA updates.

What regulators found

Investigations revealed that several automakers pushed OTA packages that re‑programmed BMS settings without informing owners. The changes capped the maximum state‑of‑charge to roughly 70 % and throttled discharge rates, which:

  • Reduced real‑world range by more than 30 % for affected models.
  • Doubled typical charging times, as the vehicle accepted lower charge currents.
  • Shifted warranty‑related costs onto consumers, since the reduced performance was framed as a “software‑upgrade” rather than a defect.

Industry response

Eight EV manufacturers have been summoned for discussions with MIIT and SAMR. So far:

  • Three firms are under formal investigation, facing potential fines and mandatory remediation plans.
  • Two companies have voluntarily withdrawn the contentious OTA packages and pledged to restore original battery performance within the next quarter.
  • The remaining three automakers are cooperating while awaiting further guidance on compliance.

Market implications

The crackdown arrives at a time when Chinese EV sales continue to outpace global peers, and OTA functionality is a key differentiator for software‑centric brands. By mandating transparency, regulators aim to protect consumers from hidden cost shifts while preserving the benefits of remote updates—such as safety patches and feature rollouts.

For manufacturers, the new rules mean:

  • Increased development overhead to build consent flows and audit trails for every OTA release.
  • Potential redesign of BMS architecture to separate safety‑critical parameters from optional features, reducing the risk of future violations.
  • Higher compliance costs, as filing core‑parameter changes will require dedicated liaison teams with MIIT and SAMR.

Outlook

The eight summonses are likely the first wave of a broader enforcement effort. Analysts expect that other OEMs with large OTA footprints will audit their update pipelines to avoid similar sanctions. Consumers, meanwhile, can expect clearer communication about any software changes that affect vehicle performance.

Key takeaway: China is moving from a permissive OTA environment to a regulated one, where consent, transparency, and accurate advertising become legal requirements. The shift may slow the pace of rapid feature deployment, but it also establishes a more predictable framework for both buyers and makers.


Sources: Ministry of Industry and Information Technology press release; State Administration for Market Regulation announcement; IThome (Chinese).

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