Goods with Embedded Software: Consumer Protection 2.0 in Times of Digital Content?

Abstract

When we look at the situation as it stands, a distinction has to be made depending on the way in which the consumer acquires the digital content or the good in which it is incorporated. Should they acquire the digital content or the good by means of an off-premises contract or by means of a distance contract, the consumer will be entitled to rely on specific provisions foreseen in Directive 2011/83/EU (hereinafter: 'Consumer Rights Directive', 'CRD') (A.). 1 Furthermore-and in the hypothesis that there is a tangible medium-he will also be able to fall back on the specific provisions concerning consumer sales as foreseen in Directive 1999/44/EC (hereinafter: 'Consumer Sales Directive', 'CSD') (B.). 2 In case there is no off-premises or distance contract (i.e. the classical store visit; on-premises contracts), only the rules concerning consumer sales will apply, insofar as there is a tangible medium.