Representatives of the European Parliament and the Council of the European Union reached a provisional agreement on the evening of Tuesday 22 January, on the draft directive on the provision of digital content. These are the first European rules in this field.
This eighth interinstitutional meeting lasted only a few hours, since most of the provisions had already been agreed in December (see EUROPE 12161). However, the informal agreement reached will not be submitted to the co-legislators until the twin proposal on the sale of goods is also adopted (which should happen on 29 January next).
The future rules, which have been welcomed by the European Consumers’ Organisation (BEUC), aim to clarify the legal framework when a consumer buys or downloads a digital service or content, pays for this service or content, or provides their data in exchange.
Precise deadlines
As already validated in the latest trilogues, the co-legislators have chosen to set the duration of the legal guarantee at a minimum of 2 years, the time limit for reversing the burden of proof at 1 year and a "flexible" hierarchy of remedies.
In practice, the duration of the legal guarantee is aligned with the current provisions in consumer law, i.e. a minimum of 2 years. Where a product or service is defective at the time of purchase, the consumer may obtain a discount on the price or be fully refunded within 14 days, if the problem cannot be resolved within a reasonable time. If a defect appears within one year from the date of sale, it will be assumed that it existed prior to the date of sale, without the consumer having to prove it (reversal of the burden of proof). For goods and services provided on a continuous basis, the duration of the legal guarantee and the time limit for reversing the burden of proof will apply throughout the duration of the contract.
The last outstanding issues were resolved as follows: removal of the right of set-off clause in long-term contracts (Article 16(1a)) and a transposition period of 2 years and 6 months. (Original version in French by Sophie Petitjean)