The amendments to the Consumer Rights Act, which takes effect on 15 March 2022, include two new areas: digital content and digital service.
Digital content is data generated and delivered in a digital format. For example, mobile apps, computer programs, video games that can be purchased and downloaded in Internet stores or on different online platforms.
A digital service is a service that enables the consumer to prepare, process and store or access data in a digital way, or a service that allows the sharing of data or any other digital interaction with data uploaded or generated by the consumer or other users of that service. . For example, online communication, dating portals, data storage services, etc.
Digital content and digital service constitute a consumer market product group that could be identified as digital products in .
Close your attention! If an item is purchased that cannot be used without a certain digital content or digital service and is sold with digital software or support for digital services installed in it, it shall be considered to be a item with digital elements . The seller and the service provider shall also be responsible for the conformity of such digital content or digital service with the terms of the contract.
IMPORTANT! Claims relating to the responsibility, supply and effects of a digital product are also applicable to contracts where digital products are provided to consumers in exchange for personal data without payment in cash.
Digital content and digital service can be delivered:
- Once (for example, when downloading a game, application, other computer program, audio or video file);
- In a number of separate deliveries, such as watching a video-rented film over a longer period of time;
- Over a permanently defined period, for example, as part of the subscription of different digital products.
Remember! The seller and the service provider must demonstrate that the digital content or digital service has been supplied to the consumer.
Compliance of digital content and digital service with contract terms:
Where the supply was carried out once or in several separate deliveries, the seller and the service provider shall be responsible for any non-compliance revealed within two years with the terms of the contract. . Where the non-compliance has been detected within one year from the date of delivery, the burden of proof that the digital content or digital service was supplied shall lie with the seller and the service provider.
- Where the supply is carried out permanently for a specified period, the seller and the service provider shall be responsible for non-compliance with the terms of the contract revealed during that period. The burden of proof lies with the seller and the service provider throughout this period.
Take note! Where the seller and the service provider have provided information prior to the conclusion of the agreement that the use of digital content or digital service requires a certain digital environment, and after purchasing the digital content or digital service, the consumer's digital environment is found to be incompatible, the seller and the service provider need not demonstrate that the digital content or the digital service is at the time of delivery. was in conformity with the terms of the contract.
As a consumer, you should be involved in clarifying the causes of the non-compliance!
The digital content and the digital service shall be in conformity with the terms of the contract if:
- comply with the description of the digital content or digital service provided by the seller or service provider, the quantity and quality indicated, and the functionality, compatibility, interoperability and other characteristics;
- is valid for the purposes for which it was chosen by the consumer and specified by the seller or service provider at the latest at the time of the conclusion of the contract, and the seller or service provider has confirmed the validity of the digital content or digital service for those purposes;
- has been supplied with all the accessories and instructions for use specified, including installation;
- has been updated as specified in the contract;
- is valid for the purposes for which this type of digital content or digital service is normally used, taking into account, where appropriate, existing laws, standards or, in the absence of any, applicable codes of good practice for the sectors concerned;
- are present in the quantity indicated and possess the characteristics and performance, including in terms of functionality, compatibility, accessibility, continuity and security, normally of the same type of digital content or digital service, which can reasonably be expected by the consumer, taking into account the nature of the digital content or digital service and any, particularly those provided in advertising or labelling, the seller, the service provider or others public statements by economic operators involved in the chain, except in the cases referred to in Paragraph two of this Section;
- has been supplied with such accessories and instructions as can reasonably be expected by the consumer;
- corresponds to a trial version or preview of the digital content or digital service made available by the seller prior to the conclusion of the contract.
Unless otherwise agreed by the parties, the digital content or the digital service shall be supplied in the latest version available at the time of conclusion of the contract.
If a digital content or digital service that does not conform to the terms of the contract has been supplied to the consumer, the consumer is entitled to request:
- address the inadequacy of digital content or digital service;
- reduce price proportionally;
- cancel the contract and repay to the consumer the amount of money paid for digital content or digital services.
IMPORTANT! The consumer is entitled to request the cancellation of the contract only if the non-compliance is significant and if the digital content or digital service is supplied for a fee. . The seller and the service provider are obliged to demonstrate that the non-compliance is minor.
Where no digital content or digital service has been delivered to the consumer:
- the consumer shall request the supply without reasonable delay or during an additional period agreed between the parties;
- if the supply has not been performed without a reasonable delay or during an additional period, the consumer is entitled to request the cancellation of the contract.
- The consumer is entitled to withdraw from the contract without a reasonable delay if it is clear that the digital content or the digital service will not be delivered or that the supply was important at the time specified.
IMPORTANT! The consumer does not use digital content or digital service after the termination of the contract and does not give such an opportunity to third parties.