Implementation of DCD and SGD – table of contents

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

1 – Amendments to the general acts on consumer rights

1. update of the scope of the Act by adding new provisions implementing SGD and DCD
2. definition of terms necessary for the implementation of SGD and DCD
3. extending the application of the rules on contracts involving transfer of ownership to contracts involving the transfer of ownership of goods with digital elements, including for digital content or a digital service, even if provided by a third party

2 – Consumer warranties and guarantees (implementation of the SGD) – introduction of the new chapter 5a

1. exclusion of the application of the Civil Code provisions on warranty for defects with respect to selected contracts concluded with consumers and certain sole proprietorships (for which the contract is not of a professional nature), including separate regulation of this matter
2. definition of the concept of conformity of goods with the contractual provisions
3. definition of liability under warranty of the entrepreneur
4. definition of the warranty rights of the consumer and the correlating obligations of the entrepreneur
5. introduction of provisions on guarantees to be granted to consumers

3 – Rights and obligations of parties to contracts for the supply of digital content or digital services (implementation of the DCD) – introduction of the new chapter 5b

1. regulation of the manner in which an obligation to provide the digital content or digital services is performed
2. determination of compliance of the digital content or digital services with the contractual provisions
3. definition of liability of the entrepreneur if the digital content or digital services are not in conformity with the contractual provisions
4. definition of the rights of the consumer when the digital content or digital services are not in conformity with the contractual provisions
5. regulation of the principles of introducing changes to the digital content or digital services
6. exemptions to the application of the provisions introduced

4 – Amendments to the Civil Code

1. extending the scope of the definition in Article 556 of the Civil Code also to legal defects
2. the removal of the previously existing distinctions in the warranty provisions (for certain contracts with consumers), which – in view of the exclusion of the application of the Civil Code’s warranty provisions to consumers – have become devoid of purpose
3. repeal of the provisions of the Civil Code governing seller’s claims for defectiveness of the item sold
4. clarification of the content of the guarantee statement required by the Act

5 – Amendment to the Private International Law

6 – Transitional provisions defining vacatio legis