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keyboard_tab Contratti digitali 2019/0770 EN

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2019/0770 EN Art. 2 cercato: 'durable medium' . Output generated live by software developed by IusOnDemand srl




whereas durable medium:


definitions:


cloud tag: and the number of total unique words without stopwords is: 188

 

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(1)

digital_contentmeans data which are produced and supplied in digital form;

(2)

digital_servicemeans:

(a)

a service that allows the consumer to create, process, store or access data in digital form; or

(b)

a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;

(3)

goods_with_digital_elementsmeans any tangible movable items that incorporate, or are inter-connected with, digital_content or a digital_service in such a way that the absence of that digital_content or digital_service would prevent the goods from performing their functions;

(4)

integrationmeans the linking and incorporation of digital_content or a digital_service with the components of the consumer's digital_environment in order for the digital_content or digital_service to be used in accordance with the requirements for conformity provided for by this Directive;

(5)

tradermeans any natural or legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft, or profession, in relation to contracts covered by this Directive;

(6)

consumermeans any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft, or profession;

(7)

pricemeans money or a digital representation of value that is due in exchange for the supply of digital_content or a digital_service;

(8)

personal_datameans personal_data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;

(9)

digital_environmentmeans hardware, software and any network connection used by the consumer to access or make use of digital_content or a digital_service;

(10)

compatibilitymeans the ability of the digital_content or digital_service to function with hardware or software with which digital_content or digital_services of the same type are normally used, without the need to convert the digital_content or digital_service;

(11)

functionalitymeans the ability of the digital_content or digital_service to perform its functions having regard to its purpose;

(12)

interoperabilitymeans the ability of the digital_content or digital_service to function with hardware or software different from those with which digital_content or digital_services of the same type are normally used;

(13)

durable mediummeans any instrument which enables the consumer or the trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

(1)

digital_content’ means data which are produced and supplied in digital form;

(2)

digital_service’ means:

(a)

a service that allows the consumer to create, process, store or access data in digital form; or

(b)

a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;

(3)

goods_with_digital_elements’ means any tangible movable items that incorporate, or are inter-connected with, digital_content or a digital_service in such a way that the absence of that digital_content or digital_service would prevent the goods from performing their functions;

(4)

integration’ means the linking and incorporation of digital_content or a digital_service with the components of the consumer's digital_environment in order for the digital_content or digital_service to be used in accordance with the requirements for conformity provided for by this Directive;

(5)

trader’ means any natural or legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft, or profession, in relation to contracts covered by this Directive;

(6)

consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft, or profession;

(7)

price’ means money or a digital representation of value that is due in exchange for the supply of digital_content or a digital_service;

(8)

personal_data’ means personal_data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;

(9)

digital_environment’ means hardware, software and any network connection used by the consumer to access or make use of digital_content or a digital_service;

(10)

compatibility’ means the ability of the digital_content or digital_service to function with hardware or software with which digital_content or digital_services of the same type are normally used, without the need to convert the digital_content or digital_service;

(11)

functionality’ means the ability of the digital_content or digital_service to perform its functions having regard to its purpose;

(12)

interoperability’ means the ability of the digital_content or digital_service to function with hardware or software different from those with which digital_content or digital_services of the same type are normally used;

(13)

durable medium’ means any instrument which enables the consumer or the trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

Article 19

Modification of the digital_content or digital_service

1.   Where the contract provides that the digital_content or digital_service is to be supplied or made accessible to the consumer over a period of time, the trader may modify the digital_content or digital_service beyond what is necessary to maintain the digital_content or digital_service in conformity in accordance with Articles 7 and 8, if the following conditions are met:

(a)

the contract allows, and provides a valid reason for, such a modification;

(b)

such a modification is made without additional cost to the consumer;

(c)

the consumer is informed in a clear and comprehensible manner of the modification; and

(d)

in the cases referred to in paragraph 2, the consumer is informed reasonably in advance on a durable medium of the features and time of the modification and of the right to terminate the contract in accordance with paragraph 2, or of the possibility to maintain the digital_content or digital_service without such a modification in accordance with paragraph 4.

2.   The consumer shall be entitled to terminate the contract if the modification negatively impacts the consumer's access to or use of the digital_content or digital_service, unless such negative impact is only minor. In that case, the consumer shall be entitled to terminate the contract free of charge within 30 days of the receipt of the information or of the time when the digital_content or digital_service has been modified by the trader, whichever is later.

3.   Where the consumer terminates the contract in accordance with paragraph 2 of this Article, Articles 15 to 18 shall apply accordingly.

4.   Paragraphs 2 and 3 of this Article shall not apply if the trader has enabled the consumer to maintain without additional cost the digital_content or digital_service without the modification, and the digital_content or digital_service remains in conformity.


whereas









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