Remedies for buyers in case contracts for the supply of digital content

The inclusion of provisions on digital content, including ‘gratuitous’ digital content, in the Common European Sales Law constitutes an improvement in respect to existing EU legislation on sales contracts. However, some amendments are necessary, given the fact that digital content differs from goods. This briefing note critically assesses the relevant provisions on conformity and remedies, and gives suggestions for tailoring them better to digital content.