New Consumer Rights For digital Content And Service Purchases – Odette Vella – Times Of Malta

Digital content material and companies are bought by thousands and thousands of European customers day by day. Digital content material merchandise embrace knowledge that's produced and provided in digital type equivalent to pc programmes, functions and e-books, in addition to digital leisure equivalent to music, films and video games. Digital companies embrace any companies that permit customers to create, course of, retailer or entry knowledge in digital type, equivalent to cloud companies and companies that permit knowledge sharing by social media platforms or dwell streaming occasions.

Earlier than the Digital Content material Directive was adopted, the present EU laws relating to gross sales contracts – the Sale of Items Directive – was restricted to tangible items and to safeguard the customers’ proper for clear info and to guard them from unfair contract phrases and unfair business practices. The brand new directive lays down a standard algorithm relating to the conformity of the digital content material or digital service with the contract of sale.

Merchants at the moment are obliged to produce the bought digital content material or service with out undue delay to customers and as agreed within the gross sales contract. Sellers should additionally be sure that customers are knowledgeable of and provided with updates which can be essential to hold the digital content material or service in conformity with the contract of sale for a time period. This requirement additionally applies to contracts overlaying the continual provide of digital content material or companies.

In case a non-conformity exists on the time of provide, or turns into obvious inside a interval of not lower than two years from the beginning of the availability,

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