Proposed European contract rules for goods and digital content [Archived]
Proposed European contract rules for goods and digital content [Archived]

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

  • Proposed European contract rules for goods and digital content [Archived]
  • Background
  • Goods
  • Definitions
  • Conformity with the contract
  • Consumer’s remedies if the goods do not conform with the contract
  • Digital content
  • Definitions
  • Supply of the digital content
  • Conformity with the contract, integration of digital content and third party rights
  • More...

ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the European Commission’s original proposed Directives introducing new contract rules for goods and digital content. On 22 May 2019, Directive (EU) 2019/770 (OJ L 136/1) on certain aspects concerning contracts for the supply of digital content and digital services (EU Digital Content Directive) and Directive (EU) 2019/771 (OJ L 136/28) on certain aspects concerning contracts for the sale of goods (EU Sale of Goods Directive) were published in the EU Official Journal. The Directives entered into force on 11 June 2019 and EU Member States must adopt and publish domestic legislation implementing them by 1 July 2021. For a summary of the Directives, see Practice Notes: The EU Digital Content Directive and The EU Sale of Goods Directive.

This Practice Note examines the European Commission’s proposed Directives introducing new contract rules for goods and digital content, being the EU Sale of Goods Directive and the EU Digital Content Directive. The proposed directives only cover business-to-consumer (B2C) transactions. Note that in October 2017 the European Commission adopted an amended proposal which extended the scope of the original proposal from online to offline sales of goods.

Background

Concerned that disparate contractual and consumer laws across Europe dissuade traders from cross-border transactions, it has long been an objective of the European Commission to implement some form of

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