Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services

Summary:

Directive of the European Parliament and of the Council of 20 May 2019 on contracts for the supply of digital content and for the provision of digital services.

Further information:

This Directive aims to fully harmonise a set of key rules that are so far not regulated at Union level. It includes rules on conformity of the digital content, remedies available to consumers in cases of lack of conformity of digital content with the contract and certain modalities for the exercise of those remedies. The Directive also aims to harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content.

The Directive was proposed as part of the Commission's 2015 Work Programme and was part of a legislative package relating to digital contracts and e-commerce. It builds on the experience acquired during the negotiations for a Regulation on a Common European Sales Law and is part of the Commission's Digital Single Market (DSM) strategy. The Council of the European Union adopted a general approach on this draft law in June 2017 and the European Parliament adopted a negotiating position in November. An informal agreement between the institutions on a compromise text was reached on 22 January 2019.

Official

EUR-Lex: COM(2015)634: Proposal for a Directive on certain aspects concerning contracts for the supply of digital content https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2015:634:FIN

EUR-Lex: SWD(2015)274: Impact assessment accompanying COM(2015)634 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2015:274:FIN

EUR-Lex: SWD(2015)275: Executive summary of the impact assessment accompanying COM(2015)634 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2015:275:FIN

European Parliament: Legislative Observatory: Procedure File on proposal regarding contracts for the supply of digital content http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2015/0287(COD)

European Parliament: Legislative Train: Contracts for supply of digital content and digital services to consumers http://www.europarl.europa.eu/legislative-train/theme-connected-digital-single-market/file-jd-digital-content-and-digital-services

Council of the European Union: Press Release, 08/06/2017: New rules for contracts for the supply of digital content - Council adopts its position https://www.consilium.europa.eu/en/press/press-releases/2017/06/08/contracts-for-digital-content-supply/

European Parliament: Press Release, 22/01/2019: Consumers’ rights against defective digital content agreed by EU lawmakers http://www.europarl.europa.eu/news/en/press-room/20190121IPR23915/

Council of the European Union: Press Release, 29/01/2019: Council and Parliament agree on new rules for contracts for the sales of goods and digital content https://www.consilium.europa.eu/en/press/press-releases/2019/01/29/council-and-parliament-agree-on-new-rules-for-contracts-for-the-sales-of-goods-and-digital-content/

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Commentary and Analysis

EPRS: Briefing, February 2016: Contracts for the supply of digital content and for the online and other distance sales of goods [Initial Appraisal of a European Commission Impact Assessment] http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2016)528827

EPRS: Briefing, February 2018: Contracts for the supply of digital content and digital services http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)614707

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