Implementation of DCD and SGD

DRAFT ACT AMENDING THE ACT ON CONSUMER RIGHTS AND CERTAIN OTHER ACTS (DRAFT OF 29/06/2022)

[SGD and DCD implementation]

Summary

The amendments to the Consumer Rights Act are intended to implement a package of legislation consisting of:

• Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (the Digital Content Directive – “DCD”),
• Directive 2019/771 on certain aspects of contracts for the sale of goods (the Sale of Goods Directive – “SGD”).

The purpose of the above-mentioned acts is to ensure the proper functioning of the internal market that guarantees a high level of consumer protection.

Impact

In particular, the directives aim to establish common rules referring to the relevant requirements for:

• contracts between entrepreneurs and consumers for the supply of digital content or digital services, and in particular the provisions on:
  • compliance of the digital content or digital services with the contract,
  • remedies for non-conformance or non-delivery of digital content or digital services and methods for exercising such remedies,
  • changes to digital content or digital services,
• sales contracts concluded between a seller and a consumer, in particular the provisions concerning:
  • conformity of the goods with the contract,
  • remedies available in the absence of such compliance,
  • use of the aforesaid means and commercial guarantees,
• contracts between entrepreneurs and natural persons concluding contracts directly related to their economic activity, where it follows from the content of the contract that it is not of a professional nature for those persons, and in particular the provisions on:
  • remedies available to certain JDGs (for whom the contract is not professional in nature) – provided by reference to the relevant regulations guaranteeing the legal protection available to consumers,
  • use of the aforesaid means.

The SGD repealed Directive 1999/44/EC on certain aspects of contracts for the sale of goods and warranties related thereto, which is now implemented in the Civil Code (provisions on warranties and guarantees). The DCD, in turn, regulates the rights and obligations of entrepreneurs and consumers with respect to contracts for the supply of digital content or digital services. Due to the specificity of this type of services and content, which so far have not been the subject of an independent regulation, the proposed provisions regulate such issues as the liability of the entrepreneur for non-compliance of the digital content or digital services with the agreement, the rules of delivery, their modifications and updates.

The SGD and DCD directives provide for maximum harmonization of rules, i.e. neither the rules adopted nor maintained by Member States may be different from those adopted in the directives, including rules establishing a higher level of consumer protection. A minor exception is provided under Article 10(3) of the SGD.

SGD and DCD are implemented by amending three laws:

• Act of 30 May 2014 on Consumer Rights (Journal of Laws [DzU] of 2020, item 287),
• Act of April 23, 1964 – Civil Code (Journal of Laws [DzU] of 2019, items 1145 and 1495, Journal of Laws [DzU] of 2020, item 875), and
• Act of 4 February 2011. Private International Law (Journal of Laws [DzU] of 2015, item 1792).