The EU Digital Content Directive
The EU Digital Content Directive

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • The EU Digital Content Directive
  • Background
  • Quick view
  • Scope of the EU DCD
  • Consumer and trader
  • Digital content and digital services
  • Contracts
  • Excluded contracts
  • Bundles
  • Tangible mediums
  • More...

This Practice Note provides a summary of Directive (EU) 2019/770 (OJ L 136/1) on certain aspects concerning contracts for the supply of digital content and digital services, the EU Digital Content Directive (EU DCD), introduced as part of the European Commission’s Digital Single Market strategy. The EU DCD provides various rights and remedies for consumers in respect of business-to-consumer (B2C) contracts for the supply of digital content or digital services, and is complemented by Directive (EU) 2019/771 (OJ L 136/28) on certain aspects concerning contracts for the sale of goods, the EU Sale of Goods Directive (EU SGD) (introduced alongside the EU DCD). The EU DCD entered into force on 11 June 2019 and EU Member States must adopt and publish domestic legislation implementing the EU DCD by 1 July 2021.

Background

One of the aims of the European Commission’s Digital Single Market strategy is to ensure better access for consumers and businesses to online goods and services across Europe. The European Commission considered that the Digital Single Market was not achieving its potential, with resulting costs to consumers and businesses.

According to the European Commission, e-commerce was growing, but its full potential remained untapped both for businesses and consumers in Europe: in 2014 only 12% of EU retailers sold online to consumers in other EU countries, while 37% did so within their own country. Similarly, only

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