The EU Digital Content Directive
Published by a LexisNexis EU Law expert
Last updated on 13/08/2021

The following EU Law 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...

The EU Digital Content Directive

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). For more information on the EU SGD, see Practice Note: The EU Sale of Goods Directive.

The EU DCD entered into force on 11 June 2019. EU Member States were required to adopt and publish the measures necessary to comply with the EU DCD by 1 July 2021 and must apply those measures from 1 January 2022.

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

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Key definition:
Digital content definition
What does Digital content mean?

‘Digital content’ is defined as data which are produced and supplied in digital form. Recital (19) of the EU CRD suggests that this would include, for example, computer programs, apps, games, music, videos or texts, irrespective of whether they are accessed via downloading or streaming.

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