The hardware has full functionality from day one. The limitation is in what software you are using.
Active suspension is not a hardware feature, it’s software collecting data from sensors and by analysing the data being able adjusting the suspension to “optimal performance”. Just because certain hardware can be controlled by software doesn’t mean that you will get whatever software features you like to have.
BMW would claim that “BMW Smooth Comfortable Cloud Ride Software” is included free of charge with the purchase of a BMW.
BMW would also claim that they offer “BMW Hyper Advanced AI Premium Sensation Masculine Active Road Experience Pro Suspension” as an optional subscription for alpha males and people with too much money in their pockets.
The outcome of what you are suggesting will be a slight change in the phrasing of the product offering at the most.
With access to the keys, the owner can subscribe to the BMW solution, unlock the features in breach of the agreement with BMW by not subscribing or get a software solution for the car from another provider.