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Earlier this year the European Union shelved the idea for a Common European Sales Law. It also published its Digital Single Market Strategy. One of its pillars was to ensure better access for consumers and businesses to online goods and services across Europe - it is felt that the Digital Market does not achieve its potential, with resulting costs to consumers and businesses.
The European Commission has therefore adopted two new proposals for Directives: one on the supply of digital content such as streaming music, and one on the online sale of goods, such as buying books online.
So CESL returns in a new form, albeit that the new rules are less wide in their scope, and take the form of Directives rather than a Regulation.
The Directive on digital content includes the following key provisions:
(a) if the digital content is defective, the consumer can ask for a remedy. There will be no time limit to the supplier's liability for such defects, because, unlike goods, digital content is not subject to wear and tear.
(b) if the digital content is defective, it will not be up to the consumer
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