Article 5 · Directive (EU) 2019/770

Contents

Article 5Supply of the digital content or digital service#

1.The trader shall supply the digital content or digital service to the consumer. Unless the parties have agreed otherwise, the trader shall supply the digital content or digital service without undue delay after the conclusion of the contract.

2.The trader shall have complied with the obligation to supply when:

(a)the digital content or any means suitable for accessing or downloading the digital content is made available or accessible to the consumer, or to a physical or virtual facility chosen by the consumer for that purpose;

(b)the digital service is made accessible to the consumer or to a physical or virtual facility chosen by the consumer for that purpose.

Defined terms · 13

Show every defined term

compatibility
means the ability of the digital content or digital service to function with hardware or software with which digital content or digital services of the same type are normally used, without the need to convert the digital content or digital service;
consumer
means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft, or profession;
digital content
means data which are produced and supplied in digital form;
digital environment
means hardware, software and any network connection used by the consumer to access or make use of digital content or a digital service;
digital service
means:
durable medium
means any instrument which enables the consumer or the trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
functionality
means the ability of the digital content or digital service to perform its functions having regard to its purpose;
goods with digital elements
means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions;
integration
means the linking and incorporation of digital content or a digital service with the components of the consumer's digital environment in order for the digital content or digital service to be used in accordance with the requirements for conformity provided for by this Directive;
interoperability
means the ability of the digital content or digital service to function with hardware or software different from those with which digital content or digital services of the same type are normally used;
personal data
means personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;
price
means money or a digital representation of value that is due in exchange for the supply of digital content or a digital service;
trader
means any natural or legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft, or profession, in relation to contracts covered by this Directive;