Contratti digitali 2019/0770 EN

1. The burden of proof with regard to whether the digital_content or digital_service was supplied in accordance with Article 5 shall be on the trader.

2. In cases referred to in Article 11(2), the burden of proof with regard to whether the supplied digital_content or digital_service was in conformity at the time of supply shall be on the trader for a lack of conformity which becomes apparent within a period of one year from the time when the digital_content or digital_service was supplied.

3. In cases referred to in Article 11(3), the burden of proof with regard to whether the digital_content or digital_service was in conformity within the period of time during which the digital_content or digital_service is to be supplied under the contract shall be on the trader for a lack of conformity which becomes apparent within that period.

4. Paragraphs 2 and 3 shall not apply where the trader demonstrates that the digital_environment of the consumer is not compatible with the technical requirements of the digital_content or digital_service and where the trader informed the consumer of such requirements in a clear and comprehensible manner before the conclusion of the contract.

5. The consumer shall cooperate with the trader, to the extent reasonably possible and necessary, to ascertain whether the cause of the lack of conformity of the digital_content or digital_service at the time specified in Article 11(2) or (3), as applicable, lay in the consumer's digital_environment. The obligation to cooperate shall be limited to the technically available means which are least intrusive for the consumer. Where the consumer fails to cooperate, and where the trader informed the consumer of such requirement in a clear and comprehensible manner before the conclusion of the contract, the burden of proof with regard to whether the lack of conformity existed at the time specified in Article 11(2) or (3), as applicable, shall be on the consumer.

whereas

(1) The growth potential of e-commerce in the Union has not yet been fully...

(2) Article 26(1) and (2) of the Treaty on the Functioning of the European...

(3) Certain aspects concerning contracts for the supply of digital_content...

(4) Businesses, especially SMEs, often face additional costs, stemming fro...

(5) Consumers are not always confident when buying cross border and especi...

(6) In order to remedy such problems, both businesses and consumers should...

(7) Harmonised consumer contract law rules in all Member States would make...

(8) Consumers should benefit from harmonised rights for the supply of digi...

(9) This Directive should fully harmonise certain key rules that have, so ...

(10) This Directive should define its scope in a clear and unequivocal mann...

(11) This Directive should lay down common rules on certain requirements co...

(12) This Directive should not affect national law to the extent that the m...

(13) Member States also remain free, for example, to regulate liability cla...

(14) Member States should also remain free, for example, to regulate the co...

(15) Member States should also remain free, for example, to regulate the ri...

(16) Member States should also remain free to extend the application of the...

(17) The definition of a consumer should cover natural persons who are acti...

(18) This Directive should apply to any contract whereby the trader supplie...

(19) The Directive should address problems across different categories of d...

(20) This Directive and Directive (EU) 2019/771 of the European Parliament ...

(21) Directive (EU) 2019/771 should apply to contracts for the sale of good...

(22) In contrast, if the absence of the incorporated or inter-connected dig...

(23) Digital representations of value such as electronic vouchers or e-coup...

(24) Digital content or digital_services are often supplied also where the ...

(25) Where digital_content and digital_services are not supplied in exchang...

(26) This Directive should apply to contracts for the development of digita...

(27) Given that this Directive should apply to contracts which have as thei...

(28) The market for number-independent interpersonal communications service...

(29) This Directive should not apply to healthcare as defined in Directive ...

(30) Union law relating to financial services contains numerous rules on co...

(31) This Directive should not apply to digital_content or a digital servic...

(32) Free and open source software, where the source code is openly shared ...

(33) Digital content or digital_services are often combined with the provis...

(34) The provisions of this Directive concerning bundle contracts should on...

(35) The commercial practice of bundling offers of digital_content or digit...

(36) This Directive should be without prejudice to other Union law governin...

(37) The pursuit of activities falling within the scope of this Directive c...

(38) This Directive should not regulate the conditions for the lawful proce...

(39) The right to erasure and the consumer's right to withdraw consent for ...

(40) This Directive should not regulate the consequences for the contracts ...

(41) There are various ways for the trader to supply digital_content or dig...

(42) The digital_content or digital_service should comply with the requirem...

(43) The notion of functionality should be understood to refer to the ways ...

(44) Given that digital_content and digital_services are constantly develop...

(45) In order to be in conformity and to ensure that consumers are not depr...

(46) The standard of reasonableness with regard to any reference in this Di...

(47) For the period of time that the consumer would reasonably expect, the ...

(48) Regulation (EU) 2016/679 or any other Union law on data protection sho...

(49) In order to ensure sufficient flexibility, it should be possible for t...

(50) When applying the rules of this Directive, traders should make use of ...

(51) Many types of digital_content or digital_services are supplied continu...

(52) In order to work properly, the digital_content or digital_service need...

(53) Restrictions of the consumer's use of the digital_content or digital s...

(54) Legal defects are a particularly important issue in relation to digita...

(55) The trader should be liable to the consumer in the event of a lack of ...

(56) Digital content or digital_services can be supplied to consumers throu...

(57) Digital content or digital_services could also be supplied to consumer...

(58) Member States should remain free to regulate national limitation perio...

(59) Due to the specific nature and high complexity of digital_content and ...

(60) Without prejudice to the fundamental right to the protection of privat...

(61) Where the trader has failed to supply the digital_content or digital s...

(62) In the case of lack of conformity, consumers should be entitled to hav...

(63) Depending on the technical characteristics of the digital_content or d...

(64) Given the diversity of digital_content and digital_services, it is not...

(65) Where bringing digital_content or a digital_service into conformity is...

(66) In a situation where the consumer is entitled to a reduction of the pr...

(67) Where the digital_content or digital_service is supplied in exchange f...

(68) Where the consumer terminates the contract, the trader should reimburs...

(69) Where personal_data are provided by the consumer to the trader, the tr...

(70) The consumer could be discouraged from exercising remedies for a lack ...

(71) The consumer should be entitled to retrieve the content within a reaso...

(72) Where the contract is terminated, the consumer should not be required ...

(73) The principle of the liability of the trader for damages is an essenti...

(74) This Directive should also address modifications, such as updates and ...

(75) In addition to modifications aimed at maintaining conformity, the trad...

(76) Consumers should be informed of modifications in a clear and comprehen...

(77) Where a modification negatively impacts, in more than a minor manner, ...

(78) The lack of conformity of the digital_content or digital_service as su...

(79) Persons or organisations regarded under national law as having a legit...

(80) Nothing in this Directive should prejudice the application of the rule...

(81) The Annex to Regulation (EU) 2017/2394 of the European Parliament and ...

(82) Annex I to Directive 2009/22/EC of the European Parliament and of the ...

(83) Consumers should be able to benefit from their rights under this Direc...

(84) In accordance with the Joint Political Declaration of 28 September 201...

(85) The European Data Protection Supervisor was consulted in accordance wi...

(86) Since the objectives of this Directive, namely to contribute to the fu...

(87) This Directive respects the fundamental rights and freedoms and observ...

keyboard_tab Contratti digitali 2019/0770 EN

Contratti digitali 2019/0770 EN