The (proposed) transposition of the Digital Content Directive in The Netherlands
to be published in Journal of Intellectual Property, Information Technology, and Electronic Commerce Law (Jipitec)
Amsterdam Law School Research Paper No. 2021-15
Amsterdam Centre for Transformative private law Working Paper No. 2021-05
16 Pages Posted: 8 Jun 2021
Date Written: June 7, 2021
Abstract
The Dutch bill for the transposition of the Digital Content Directive, recently submitted to the Dutch parliament, will create a new Title in the Civil Code dealing with digital content and digital services contracts. In line with Dutch legislative tradition, the bill is closely aligned with Dutch (consumer) sales law, which is amended accordingly for the transposition of the Sale of Goods Directive. The most important feature of the new title on digital content and digital services contracts is the ‘open period’ during which a lack of conformity may arise: as long as the consumer could reasonably expect that the digital content or service would remain to be in conformity, any lack thereof entitles the consumer to a remedy. In this paper, the Dutch system and the implementation of the directive will be explained.
Keywords: European consumer law, digital content, digital services, Dutch law, transposition, Directive 2019/770
JEL Classification: K12, K20
Suggested Citation: Suggested Citation