The Traders' Liability for Lack of Conformity of the Digital Content and of the Digital Services, as Regulated by Directive (EU) 2019/770
The Traders' Liability for Lack of Conformity of the Digital Content and of the Digital Services, as Regulated by Directive (EU) 2019/770

Summary/Abstract: Regulated within the notion of „conformity”, the legal requirements set by the recently adopted EU legislation on digital content and digital services supplied by a trader to a consumer continue to raise several interrogations, especially for practitioners. One of the most salient features, under the regulation materialised in Directive (EU) 2019/770 of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services, is whether conformity should be evaluated according to certain subjective criteria, as laid down in the contractual terms, or according to specific objective criteria, pertaining to the general expectations consumers have with regard to a given type of digital content or service. The main purpose of our study is to underline the fundamentals of the traders‵ liability for the lack of conformity of the digital content, while identifying the pillars of the new regulation in terms of substantial criteria applicable to the contractual conformity.

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