Brussels, 28/08/2015 (Agence Europe) - EU consumers and businesses have one week left to make a submission to the public consultation, which runs until 3 September, on the contract rules that apply to the purchase online of digital content, such as video games and music, and tangible goods.
The Commission wants to hear of any problems encountered by consumers and businesses in this kind of online purchase to remove contract law obstacles that prevent full realisation of the economic potential of digital content and cross-border tangible goods markets. It also wants to know if consumers and businesses support a European initiative to harmonise the contract rules applicable and, if they do, the scope and content of this initiative which it proposed in its digital single market strategy presented on 6 May (see EUROPE 11309). In this strategy, the Commission felt that an EU-level initiative was necessary and announced that it would bring forward a legislative proposal on harmonised rules applicable to online purchases of digital content and a legislative proposal that would allow businesses to make use of national laws, based on a targeted common set of over-riding EU contract requirements for online sales of tangible goods, whether national or cross-border.
Digital content. While EU law covers certain aspects of contract law applicable to the online supply of digital content products (the directive on consumer rights harmonises the information that has to be provided to consumers upstream of the contract and their right to withdraw from the contract; the directive on unfair clauses in contracts imposes penalties on any unfair clauses that may be found), no EU measure exists governing other matters, such as possible courses of action if the digital content product proves defective or causes damage to the computer, or if products cannot be downloaded or are incompatible with other material or software. Further, the user does not have the opportunity to negotiate the contractual conditions that form the basis of the product offer.
Tangible goods. These products are covered by the two above-mentioned directives and the directive on consumer sales and guarantees governs possible courses of action should a product be defective but harmonisation goes no further than setting minimum standards. (Aminata Niang)