Conformity of Digital Content in Utrecht
In Utrecht, as a consumer, you are protected: sellers and service providers must supply digital products or services that meet your reasonable expectations. This includes quality, functionality, and updates, as stipulated in the Civil Code (BW). In cases of non-conformity, you can demand repair, replacement, or contract termination. For advice in Utrecht: contact Het Juridisch Loket Utrecht.
What Qualifies as Digital Content?
Digital content covers data such as apps, software, streaming services, e-books, music downloads, online games, and VR experiences. Unlike physical goods, it is intangible. Conformity verifies compliance with promises and standards. More info? See our article on digital content and software.
Legal Requirements
Since 1 January 2022, updated rules from EU Directive 2019/770 apply. Relevant Civil Code (BW) articles:
- Civil Code (BW) art. 6:235p: Requirements for digital content and services.
- Civil Code (BW) art. 7:17: Basic conformity for sales, including digital.
- Civil Code (BW) art. 7:750 et seq.: Sales of digital goods.
- Civil Code (BW) art. 6:235l et seq.: Including free content in exchange for data.
Applicable to contracts with Utrecht or Dutch professionals. In case of defects: claim remedies for non-conformity (BW 7:23, 6:235q). Disputes? Turn to the District Court of Utrecht.
Conformity Requirements Explained
Assessed based on subjective (specific agreements) and objective requirements:
- Subjective: Matches description, advertising, or brand expectations (BW 7:17(1)).
- Objective:
- Suitable for intended use, with adequate quality and durability.
- Updates and compatibility (BW 7:17(2)).
- For digital content: sustained functionality.
Physical vs. Digital Comparison
| Aspect | Physical Goods | Digital Content |
|---|---|---|
| Examples | Bike, laptop | App, Netflix subscription |
| Updates | Not standard | Required for functionality (BW 7:17(2)) |
| Usage Period | Lifespan | Contract term + expected duration |
| Free Content | N/A | Applicable for data exchange (BW 6:235l) |
Real-World Examples
Example 1: A Utrecht resident buys an app (€9.99) for local bike routes with AI navigation. It crashes and lacks GPS functionality. Non-conformity: demand an update or refund.
Example 2: Streaming service (€12/month) promises HD movies but streams slowly on Utrecht smart TVs. Incompatibility: supplier must fix it or provide an alternative.
Example 3: Free game app (in exchange for email): servers go offline after weeks. Even free content requires conformity (BW 6:235m).
Rights and Obligations in Case of Defects
Your Rights:
- Repair/Replacement: Free of charge, at your choice (BW 7:19).
- Price Reduction: If repair is impossible.
- Termination: For serious defects, with full refund.
- Damages Claim: For additional losses.
File complaints within 2 months; warranty is 2 years (for sales) or contract term +1 year. Report fraud to the Municipality of Utrecht.
Your Obligations:
- Proper installation.
- Hardware updates.
- Timely complaints.
Frequently Asked Questions
What if content in Utrecht doesn't measure up?
Contact the seller in writing with details. Demand repair. If refused? Terminate via Het Juridisch Loket Utrecht. Keep proof.
Does it apply to free apps with ads?
Yes, if involving data sharing (BW 6:235l).
How long for updates in Utrecht?
Until the expected duration (e.g., 2 years for software). Functionality must be maintained.
App stores like Google Play?
Developer is liable; store may mediate. Seek assistance from the District Court of Utrecht.
Tips for Utrecht Residents
Avoid trouble:
- Check reviews and specifications.
- Keep receipts and logs.
- Test within 14 days (withdrawal right under BW 6:230m).
- Consult Het Juridisch Loket Utrecht for free advice.
- For escalation: proceedings at the District Court of Utrecht.