Article 9
Incorrect integration of the digital_content or digital_service
Any lack of conformity resulting from the incorrect integration of the digital_content or digital_service into the consumer's digital_environment shall be regarded as lack of conformity of the digital_content or digital_service if:
(a) | the digital_content or digital_service was integrated by the trader or under the trader's responsibility; or |
(b) | the digital_content or digital_service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions provided by the trader. |
whereas
(48) Regulation (EU) 2016/679 or any other Union law on data protection should fully apply to the processing of personal_data in connection with any contract falling within the scope of this Directive.
In addition, this Directive should be without prejudice to the rights, obligations and non-contractual remedies provided for by Regulation (EU) 2016/679.
Facts leading to a lack of compliance with requirements provided for by Regulation (EU) 2016/679, including core principles such as the requirements for data minimisation, data protection by design and data protection by default, may, depending on the circumstances of the case, also be considered to constitute a lack of conformity of the digital_content or digital_service with subjective or objective requirements for conformity provided for in this Directive.
One example could be where a trader explicitly assumes an obligation in the contract, or the contract can be interpreted in that way, which is also linked to the trader's obligations under Regulation (EU) 2016/679.
In that case, such a contractual commitment can become part of the subjective requirements for conformity.
A second example could be where non-compliance with the obligations under Regulation (EU) 2016/679 could, at the same time render the digital_content or digital_service unfit for its intended purpose and, therefore, constitute a lack of conformity with the objective requirement for conformity which requires the digital_content or digital_service to be fit for the purposes for which digital_content or digital_services of the same type would be normally used.
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