Contracts for the supply of digital content and digital services [EU Legislation in Progress]

Written by Nikolina Šajn (5th edition, updated on 21.03.2019),

© anueing / Fotolia

On 29 January 2019, the European Parliament and the Council reached a provisional agreement on the European Commission’s proposal for a directive regulating the private-law aspects of contracts for the supply of digital content and digital services in the internal market. The directive would, for the first time, harmonise some aspects of such contracts at EU level. The co-legislators agreed that embedded digital content would not be regulated by this directive, but rather by that on sale of goods. They also agreed that the duration of legal guarantees for digital content and services would not be fully harmonised but that national laws should not limit it to less than two years; that for the first year from delivery the burden of proof should be on the supplier; and that traders would be required to provide updates. The directive would also establish what remedies consumers are entitled to and the order in which they can be used. Parliament is expected to vote on the provisional agreement during the March II plenary session.

Versions

• March 2019: Contracts for the supply of digital content and digital services (5th edition)
• February 2018: Contracts for the supply of digital content and digital services (4th edition)
• October 2017: Contracts for supply of digital content to consumers (3rd edition)
• March 2017: Contracts for supply of digital content to consumers (2nd edition)
• April 2016: Contracts for supply of digital content to consumers (1st edition)