Martim Farinha (Nova School of Law) has posted “Modifications on the Digital Content or Digital Service by the Trader in the Directive (EU) 2019/770” on SSRN. Here is the abstract:
In 2019, the EU approved a package of legislation aimed at modernizing many aspects of consumer law, to face the challenges of the Digital Single Market. Among them, the Directive (EU) 2019/770 takes the task of creating a legal framework to ensure the protection of consumers in contracts on the supply of digital services and content – addressing conformity requirements, the remedies available to consumers and the subject of modifications made on those services and content by the trader. The provisions on the latter will be scrutinized and developed, with the goal of fully comprehending the legal framework on modifications and attempting to answer the questions surrounding it. What is a modification; when is the trader obliged to provide them; what are the instances and conditions required for discretionary modifications beyond the scope of maintaining conformity; how transparent should the trader be regarding these practices; and what rights and remedies do consumers possess? Finally, two real examples of T&C regarding modifications will be analyzed considering this Directive and its future transposition.