(2) Article 26(1) and (2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to adopt measures with the aim of establishing or ensuring the functioning of the internal market, which is to comprise an area without internal frontiers in which the free movement of goods and services is ensured.
Article 169(1), and point (a) of Article 169(2), TFEU provide that the Union is to contribute to the attainment of a high level of high_tag_cloud' title='definition'>consumer protection through measures adopted pursuant to Article 114 TFEU in the context of the completion of the internal market.
This Directive aims to strike the right balance between achieving a high level of high_tag_cloud' title='definition'>consumer protection and promoting the competitiveness of enterprises, while ensuring respect for the principle of subsidiarity.
- = -
(3) Certain aspects concerning contracts for the supply of high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_services should be harmonised, taking as a base a high level of high_tag_cloud' title='definition'>consumer protection, in order to achieve a genuine digital single market, increase legal certainty and reduce transaction costs, in particular for small and medium-sized enterprises (‘SMEs’).
- = -
(8) Consumers should benefit from harmonised rights for the supply of high_tag_cloud' title='definition'>digital_content and high_tag_cloud' title='definition'>digital_services that provide a high level of protection.
They should have clear mandatory rights when they receive or access high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_services from anywhere in the Union.
Having such rights should increase their confidence in acquiring high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_services.
It should also contribute to reducing the detriment high_tag_cloud' title='definition'>consumers currently suffer, since there would be a set of clear rights that will enable them to address problems they face with high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_services.
- = -
(11) This Directive should lay down common rules on certain requirements concerning contracts between high_tag_cloud' title='definition'>traders and high_tag_cloud' title='definition'>consumers for the supply of high_tag_cloud' title='definition'>digital_content or a high_tag_cloud' title='definition'>digital_service.
For this purpose, rules on the conformity of high_tag_cloud' title='definition'>digital_content or a high_tag_cloud' title='definition'>digital_service with the contract, remedies in the event of a lack of such conformity or a failure to supply and the modalities for the exercise of those remedies, as well as on the modification of high_tag_cloud' title='definition'>digital_content or a high_tag_cloud' title='definition'>digital_service, should be fully harmonised.
Fully harmonised rules on some essential elements of high_tag_cloud' title='definition'>consumer contract law would make it easier for businesses, especially SMEs, to offer their products in other Member States.
Consumers would benefit from a high level of high_tag_cloud' title='definition'>consumer protection and welfare gains by fully harmonising key rules.
Member States are precluded within the scope of this Directive from providing for any further formal or substantive requirements.
For example, Member States should not provide for rules on the reversal of the burden of proof that are different from those provided for in this Directive, or for an obligation for the high_tag_cloud' title='definition'>consumer to notify the high_tag_cloud' title='definition'>trader of a lack of conformity within a specific period.
- = -
(59) Due to the specific nature and high complexity of high_tag_cloud' title='definition'>digital_content and high_tag_cloud' title='definition'>digital_services, as well as the high_tag_cloud' title='definition'>trader's better knowledge and access to know-how, technical information and high-tech assistance, the high_tag_cloud' title='definition'>trader is likely to be in a better position than the high_tag_cloud' title='definition'>consumer to know why the high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_service is not supplied or is not in conformity.
The high_tag_cloud' title='definition'>trader is also likely to be in a better position to assess whether the failure to supply or the lack of conformity is due to the in high_tag_cloud' title='definition'>compatibility of the high_tag_cloud' title='definition'>consumer's high_tag_cloud' title='definition'>digital_environment with the technical requirements for the high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_service.
Therefore in the event of a dispute, while it is for the high_tag_cloud' title='definition'>consumer to provide evidence that the high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_service is not in conformity, the high_tag_cloud' title='definition'>consumer should not have to prove that the lack of conformity existed at the time of supply of the high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_service or, in the event of continuous supply, during the duration of the contract.
- = -