Proposal for a directive on contracts for the supply of digital content

The fast evolution of communication technologies allowed the development of business models based on the supply of digital content and digital services. These online products widened consumer choices while bringing at the same time new challenges to consumer policy. Consumers are not sufficiently protected when they buy digital content products online such e-books, films and music or subscribe to digital services. This proposal offers a unique opportunity to develop a solid consumer protection framework for consumers of digital content products and close the existing legislative gap with the rules that currently apply to the physical world.

In the relation to the Commission’s proposal BEUC supports:

• The inclusion of in-kind payments into the scope of the directive.
• The adoption of specific remedies in case the digital content is not in conformity with the contract, in particular the right to recover the data submitted to the service provider such as videos, photos, consumer reviews and other user- generated content.
• The reversal of the burden of proof on the trader, which is the party best placed
  to assess the causes of the problem with the digital content.

BEUC asks the EU legislator to:

• Clarify the scope of application in relation to in-kind payments and the Internet of Things.
• Incorporate into the conformity test the consumer’s legitimate expectations as an additional criterion.
• Clarify that the lack of guarantee period does not allow the supplier to restrict its liability by means of terms and conditions.
• Allow consumers to quit long-term contracts after six months.
• Include a new section on unfair contract terms incorporating a specific list of presumably unfair clauses restricting legitimate consumer uses of digital content products.