6 December 2021
New French rules applicable to supply of digital content and service come into force on 1st of January 2022: there is still time to comply!
A French law dated 29 September 2021 strengthens the rules applicable to contracts for the provision of digital content and services concluded with consumers. These provisions, included in the French Consumers Code, will apply from 1st of January 2022.
The law supplements the existing pre-contractual information obligations. The contract shall notably indicate the conditions of duration, renewal and interruption of the services as well as the existence of any fees payable by the consumer in the event of early termination. Before the contract execution, the consumer shall also be informed of the nature of any benefit granted by the latter in exchange for the provision of the digital content or service, instead of or in addition to the price.
The law also introduces a new statutory warranty of conformity applicable to any provision of digital content and services. Provisions relating to the assessment of the lack of conformity and on remedies available to the consumers in case of claim under the statutory warranty are specified.
Finally, new specific obligations adapted to the digital environment are implemented, notably concerning information and supply of updates and the possibility of retrieving the content provided by consumers using the services in the context of the statutory warranty.
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