Millions of European consumers conclude purchases of digital content and services daily. Music, movies, apps, games and computer programmes are undoubtedly the most popular digital content purchased by consumers. With regards to digital services, these include cloud computing services and social media platforms.
To safeguard consumers’ financial interests when purchasing such products and services, the proposal for digital content directive, on which a provisional agreement has been reached by the European Parliament Members (MEPs), provides concrete protection for consumers who buy or download digital content or services and then these result defective.
The proposal stipulates that in case of defective digital content or service, the seller is in the first instance obliged to fix it in a reasonable period of time. If such a solution is not possible then the consumer is entitled to a price reduction or a full reimbursement within 14 days.
Furthermore, the proposal states that if a defect becomes apparent within one year of the date of supply it is presumed that the defect existed at the time of sale. In such situations the consumer does not need to prove the defect. Regarding sales contracts that provide for continuous supply of digital content or services, in case of a defect the burden of proof that the digital content or service is not defective remains with the seller throughout the contract.
The guarantee period for one-off supplies, such as for instance the purchase of a game or movie, is two years. With regards to continuous supplies, the guarantee remains valid throughout the duration of the contract.
The proposal also protects consumers who purchase subscriptions to digital content. It stipulates that the digital content may only be modified if such modification is allowed in the original contract. When this is the case, consumers must be informed about the change in content in advance of such change and are allowed to terminate the contract within at least 30 days of notice.
These consumer protection rights will apply in an equal manner to consumers who provide data in exchange for such content or service and to ‘paying’ consumers alike.
As soon as an agreement is also reached on the revised sale of goods directive, both directives will then need to be confirmed by Member States’ ambassadors and the Internal Market and Consumer Protection and Legal Affairs committees.
Final approval will then be sought from the EU Council of Ministers before the directive comes into force.
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.
odette.vella@mccaa.org.mt