Contracts for the supply of digital content and digital services

15-07-2019

The directive on contracts for the supply of digital content and digital services, proposed by the European Commission in 2015, harmonises some private-law aspects of such contracts at EU level for the first time. The directive will not fully harmonise the duration of legal guarantees for digital content and services, but national laws will not be allowed limit it to less than two years. For the first year from delivery, the burden of proof will be on the supplier. Traders will be required to provide necessary updates. The directive will also establish what remedies consumers are entitled to and the order in which they can be used. Although the European Parliament proposed that the directive should cover embedded digital content as well, following negotiations with the Council, the co-legislators agreed that such content will be regulated by the new directive on sale of goods. The directive on contracts for the supply of digital content and digital services was formally signed into law in May 2019 and Member States have to apply its measures from 1 January 2022. Sixth edition of a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 635.601 (March 2019).

The directive on contracts for the supply of digital content and digital services, proposed by the European Commission in 2015, harmonises some private-law aspects of such contracts at EU level for the first time. The directive will not fully harmonise the duration of legal guarantees for digital content and services, but national laws will not be allowed limit it to less than two years. For the first year from delivery, the burden of proof will be on the supplier. Traders will be required to provide necessary updates. The directive will also establish what remedies consumers are entitled to and the order in which they can be used. Although the European Parliament proposed that the directive should cover embedded digital content as well, following negotiations with the Council, the co-legislators agreed that such content will be regulated by the new directive on sale of goods. The directive on contracts for the supply of digital content and digital services was formally signed into law in May 2019 and Member States have to apply its measures from 1 January 2022. Sixth edition of a briefing originally drafted by Rafał Mańko. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure. To view previous editions of this briefing, please see: PE 635.601 (March 2019).