Public announcements

In three cases, insofar as there are public announcements, the trader is not bound by these announcements (compare the explanation to Article 7:18 paragraph 3 of the Dutch Civil Code).

(Providing updates)

Paragraph 4 concerns the trader's objective compliance obligation to provide updates to digital content and digital services, including security updates, which ensure that the conformity of the digital content or digital service is maintained. In addition, the merchant is obliged to provide those updates for a period, whereby – depending on the agreement – ​​the following applies:

• –The agreement provides for a single supply or for a series of separate supplies of digital content or a digital service. In that case, a period applies to the delivery of updates that the consumer can reasonably expect after the delivery of the digital content or digital service.

• –The agreement provides for a continuous supply of digital content or digital services. This concerns updates that are necessary for the maintenance of conformity for the period in which delivery must be made according to the agreement. The trader then provides the updates necessary to ensure compliance throughout that period.

The trader must ensure that the updates necessary to maintain the conformity of the digital content or the service are notified to the consumer and delivered during the aforementioned periods (cf. the explanation to Article 7:18 paragraph 4 of the Dutch Civil Code).

(Not installing updates)

Paragraph 5 concerns the failure by the consumer to install updates to the digital content or digital service within a reasonable period of time. The trader is not liable for a defect that causes the digital content or digital service no longer to comply with the contract (lack of conformity) if this is solely due to the absence of the relevant update and if two requirements are met (cf. explanation to article 7:18 paragraph 5 BW).

(Double expressiveness test)

Paragraph 6 has the same meaning as Article 7:18 paragraph 6 of the Dutch Civil Code from Title 7.1 of the Dutch Civil Code. It states that there is no lack of conformity if the consumer has been expressly informed of a defect by the trader at the time of conclusion of the contract and the consumer has expressly and separately accepted that defect (double expressiveness test). The acceptance must take place at the conclusion of the agreement derecho al olvido ley españa.

Member 1

Paragraph 1 provides that in the case of incorrect integration of the digital content or digital service, there is a non-conformity in two cases. First, if the digital content or digital service has been integrated by the trader or under his responsibility (section a) . This could include, for example, a cloud storage service that the consumer wants to use to store his photos on a laptop. Second, if the digital content or digital service was intended to be integrated by the consumer and the wrong integration was due to deficiencies in the integration instructions provided by the trader (section b). An example of this is the purchase of an e-book via a platform or website that the consumer then tries in vain to place on his e-reader. Integration means linking digital content or a digital service to the components of the consumer's digital environment and processing it in that environment, so that the digital content or digital service can be used (Article 7:50aa(1)(c), BW). The consumer's digital environment concerns the hardware, software and every network connection that is used by the consumer to access or use digital content or a digital service (Article 7:50aa(1)(h) of the Dutch Civil Code).

Paragraph 2

Paragraph 2 implements Article 10 of the Digital Content Supply Directive, which regulates the 'rights of third parties'. The digital content and digital service supplied must comply with the agreement both materially and legally. Restrictions resulting from the violation of the rights of third parties, in particular intellectual property rights, could prevent or limit the use in accordance with the agreement. If that is the case and the digital content or digital service therefore no longer meets the subjective and objective requirements (Article 7:50ae paragraphs 1 and 2 of the Dutch Civil Code, further elaborated in Article 7:50ae paragraphs 3 to 6 of the Dutch Civil Code and 7:50ad CC),