POLITICS & INSTITUTIONS - JUSTICE

Luxembourg law

New law for a safer consumption of digital goods



The new legislation should assure more safety for consumers of digital goods and services.  Photo:  Shutterstock

The new legislation should assure more safety for consumers of digital goods and services.  Photo:  Shutterstock

On 1 January 2022, a law voted this month on contracts for the provision of digital content and services, as well as the sale of “smart” goods, including goods with digital elements, will come into effect.

“As the digital world knows no borders, it became necessary to standardise consumer contractual rights not only for the sale of goods but also for contracts for the provision of digital content and services in the member states,” the ministry of consumer protection said in an official statement on Thursday.

The legislation, born from two EU directives, modernises the legal guarantee of conformity for the sales of goods and introduces new regulation concerning the legal framework surrounding the sale of digital products and services. Sustainability, functionality, accountability and security of the content, services and goods sold now play a key role in the definition of conformity too.

The aim is to adapt the legislation to the growing demand of consumers of digital goods and services while taking into consideration the impact of the digitalisation of the EU market, explains the ministry. 

Notable aspects of the law are, for instance, the creation of a legal conformity guarantee for the digital goods and services purchased, the clear recognition of a right to access said guarantee when the customer signs up to a service and provides personal data, the right for the consumer to refuse changes to the contents and digital services provided, and the right to access content the user has created or provided with the help of the digital goods and services following the end of a contract.

In addition, defects appearing within 12 months of purchase--instead of six-- are now considered a failure to conform. Software updates need to be offered to allow a continued use of products and services purchased, while users have to continually make sure they download the updates. 

While the grand duchy continues its path onto digitalisation, new legislation is needed to make sure consumers and businesses’s security is continually assured.