Since 2019 a new EU legislative package provides clear, up-to-date and harmonised rules ensuring that consumers in each Member State will, in the near future, be able to avail of certain remedies when digital content is faulty. The burden of proof will also be extended from six months to one year for all goods (including digital content) found to be not in conformity.

The Digital Content Directive provides consumers with the right to remedy, such as price reduction or full reimbursement, for digital content or service and when a consumer provides data in exchange for a digital service. The updated Sale of Goods Directive will apply to all goods, including products with a digital element (e.g. smart fridges). It will also extend the reversed burden of proof in favour of the consumer from six months to one year, meaning that if the lack of conformity becomes apparent within the first 12 months it will be presumed to have existed at the time of delivery and it will be up to the seller to prove otherwise.

Member States will have two years to transpose the new rules into their national law by 2021.

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