Consumer rights

Digital services

Entry into force: 1 January 2022

The law of 8 December 2021, transposing Directives (EU) 2019/770 and (EU) 2019/771, modernises the legal guarantee of conformity for the sale of goods and introduces a new regime for the legal guarantee of conformity for digital content and services. There are several innovative elements to note:

• The creation of a legal guarantee of conformity for digital content and services;
• The recognition of a right to a legal guarantee of conformity when providing a digital content or service where the consumer provides personal data (e.g. opening an account on a social network);
• The right for the consumer to refuse modifications that the trader may make to digital content and services;
• The consumer's right to have access to the content he has created or provided in the course of using the content or service in the event of termination of the contract for the provision of the digital content or service;
• From now on, the existence of a lack of conformity at the time of delivery of the goods is presumed when the defect appears within 12 months of delivery of the goods, instead of 6 months;
• There is no time limit for notifying the lack of conformity (within the legal duration of the guarantee of conformity);
• The conditions of the commercial guarantee, an optional contract that may or may not be offered by the trader against payment or free of charge, are specified.