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Description

Adopted law introducing contract type for the supply of digital content

The German Bundestag has adopted a law which introduces a type of contract for the supply of digital content in the Civil Code. In particular, the law categorizes digital content as machine-readable programs and digital services as services related to the processing of data in digital form. The law introduces a type of contract for the supply of digital products to consumers. The law specifies that digital products must be provided free of defects and the seller is liable also for faulty instructions or lack of required updates. If a digital product is defective, the consumer can either repeat the delivery, obtain a price reduction or terminate the contract, eventually obtaining compensation for damages. Also, within two years from the purchase, the provider has the burden to prove that a defect did not exist at the time of the delivery. The law implements parts of the Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and the Directive 2019/771 on certain aspects concerning contracts for the sale of goods.

Original source

Scope

Policy Area
Other operating condition
Policy Instrument
Consumer protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2021-06-25
adopted

The German Bundestag has adopted a law which introduces a type of contract for the supply of digita…

2022-01-01
in force

The law introducing a type of contract for the supply of digital content in the Civil Code is imple…