This directive concerns the supply of digital content and services and covers:
data produced and supplied in digital form (e.g. music, online videos, etc.),
services allowing for the creation, processing or storage of data in digital form (e.g. cloud storage),
services allowing for the sharing of data (e.g. Facebook, YouTube, etc.) and
any durable medium used exclusively as a carrier of digital content (e.g. DVDs).
The directive applies not only when the consumer pays a price for the digital content or services, but also when the consumer provides personal data to the trader as consideration for digital content or services.
Like the sales of good directive, the digital content directive specifies common rules on certain requirements on contracts between traders and consumers for the supply of digital content or digital services. This means in particular rules on:
the conformity of digital content or a digital service with the contract,
remedies in the event of a lack of such conformity or a failure to supply,
the modalities for the exercise of those remedies, and
the modification of digital content or a digital service.
Defect liability and burden of proof periods are same as in sales of goods directive. If digital content or services are provided continuously over a certain period, the trader is liable for any lack of conformity or failure to supply during this period.
The traders will have an obligation to ensure that the consumer is informed of and supplied with updates. This includes security updates that are necessary to keep the digital content or digital service in conformity with the contract.