Revolutionary directive on digital services

by Damian Dobosz and Laura Sopata

20 September 2021

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1 January 2022 is the deadline for the European Union Member States to implement Directive (EU) 2019/770 of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. 

Objectives of the Directive

The directive introduces major changes for providers of digital services such as music files, e-books, computer games, cloud files. Enterprises will have to modify, e.g. their general terms and conditions of contracts and sales to bring them in line with the new laws.

Among other things, the directive deals with communication and delivery of updates to consumers. The changes also affect the definition of digital services or content, its compliance with contract, legal remedies for consumers in case an enterprise is in breach of its obligations, enterprise's obligations upon contract termination, as well as amendments to contracts (including above all digital services or content).

For instance, upon contract termination an enterprise will have to reimburse the consumer for all incurred expenses and provide him with digital content or services which the consumer has delivered or produced while using them.

The challenges ahead

Due to far-reaching consequences of the legislative changes which affect virtually all aspects of enterprises which deliver digital services or content to consumers, you will be better off getting ready for the directive's entry into force now. The implementation deadline is on 1 January 2022. By then, enterprises should have new general terms and conditions, extend the information communicated to consumers before the contract conclusion, and establish practices to fulfil the obligations under Community law.