New contract law for sale of digital products to consumers

The German legislature has implemented two EU directives into German law:

• the EU Sale of Goods Directive; and
• the EU Digital Content and Services Directive.

The implementation of the EU Digital Content and Services Directive introduces a quasi-new comprehensive contract law for the provision of digital products to consumers in sections 327 to 327u of the German Civil Code.

What must entrepreneurs do?

Entrepreneurs that sell digital products to consumers must adapt them and their provision to the new legal regulations. They must also adapt their contract stipulations – in particular, the general terms and conditions – to the new legal requirements.

Entrepreneurs that sell digital products intended for sale to consumers to other entrepreneurs (eg, retailers or intermediaries) are also affected by the new regulations.

What companies have to consider in detail, you can read in the article from International Law Office on our expert Claudia Hamm.