Conformity of Digital Content in Rotterdam
As a Rotterdam resident, you are protected as a consumer: sellers and service providers must supply digital products or services that meet your reasonable expectations. This includes quality, functionality, and updates, as stipulated in the Civil Code (BW). In cases of non-conformity, you can demand repair, replacement, or contract termination. In Rotterdam, you can get free advice from the Juridisch Loket Rotterdam.
What Falls Under Digital Content?
This covers digitally produced and supplied data, such as apps, software, streaming videos, e-books, music files, online games, or VR experiences. Unlike physical products, it is intangible. The key is whether it matches the promised and standard characteristics.
For more information, read our article on digital content and software.
Legal Rules
Since January 1, 2022, conformity rules for digital content have been updated via EU Directive 2019/770. Relevant Civil Code (BW) articles:
- Civil Code article 6:235p: Requirements for digital content and services.
- Civil Code article 7:17: Basic conformity for sales, including digital items like software.
- Civil Code article 7:750 et seq.: Sales of digital goods.
- Civil Code article 6:235l et seq.: Including 'free' content in exchange for data.
These apply to professional providers. In case of defects, you can invoke remedies (Civil Code arts. 7:23 and 6:235q). For disputes in Rotterdam: District Court of Rotterdam.
Conformity Requirements Explained
Assessed on subjective (agreements) and objective grounds:
- Subjective: Matches the contract, promotion, or normal expectations for the type/brand (Civil Code 7:17(1)).
- Objective:
- Suitable for use, good quality, and durability.
- Updates and compatibility with your devices (Civil Code 7:17(2)).
- For digital: ongoing functionality over the expected period.
Comparison: Physical vs. Digital
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | Bike, clothing | App, streaming service |
| Updates | Not required | Mandatory for functionality (Civil Code 7:17(2)) |
| Usage Duration | Normal lifespan | Contract term + expected period |
| Free Offers | Not applicable | Applies to data exchange (Civil Code 6:235l) |
Real-Life Examples
Example 1: You download an AI photo-editing app (€9.99), but it crashes and lacks filters. Non-conformity: not as promised and unusable. Demand an update or replacement.
Example 2: Streaming subscription (€12/month) promises HD but delivers low quality and fails on your Rotterdam smart TV. File a complaint for updates or an alternative.
Example 3: Free game via your email: servers go offline after weeks. Even 'free' content falls under the rules for personal use (Civil Code 6:235m).
Rights and Obligations in Case of Defects
Your rights:
- Repair/replacement: Free, your choice (Civil Code 7:19).
- Price reduction: If repair fails.
- Termination: For major issues, with refund.
- Damage claim: For consequential costs.
Report complaints within 2 months; warranty is 2 years (sales) or contract term +1 year (services). In Rotterdam: start at Juridisch Loket Rotterdam, escalate to District Court of Rotterdam.
Your obligations:
- Install as instructed.
- Update your devices.
- Report issues to the provider promptly.
Frequently Asked Questions
What if the content is defective?
Contact the seller in writing with details. Request repair. If refused, terminate and demand a refund. Keep evidence. In Rotterdam: Juridisch Loket Rotterdam can help.
Does this apply to free apps with ads?
Yes, if data is shared (e.g., login), full Civil Code 6:235l applies.
How long for updates?
Until the expected duration (e.g., 2 years for software). Maintain functionality.
App store purchase?
Developer is primarily liable; store mediates. Target the maker.
Tips for Rotterdam Residents
Avoid hassle:
- Check reviews and specs before buying.
- Keep receipts, logs, and chats.
- Test immediately; report within 14 days.
- Use the 14-day cooling-off period for online purchases (Civil Code 6:230m).
- For help: call Juridisch Loket Rotterdam or check Gemeente Rotterdam for consumer info.