Conformity of Digital Content in Delft
As a Delft resident and consumer, you are entitled to digital products and services that meet your reasonable expectations for quality, functionality, and updates, as provided under the Civil Code (CC). In cases of non-conformity, you can demand repair, replacement, or contract termination. In Delft, Juridisch Loket Delft offers free advice tailored to your situation.
What Counts as Digital Content?
This covers digital data such as apps, software, streaming services, e-books, music files, online games, and VR experiences. Unlike physical goods, it is intangible, but conformity standards remain rigorous: does it match the promised and expected features?
Read more in our article on digital content and software.
Legal Rules
Since January 1, 2022, updated EU rules (Directive 2019/770) apply to the conformity of digital content. Key Civil Code articles:
- CC art. 6:235p: Requirements for digital content and services.
- CC art. 7:17: Basic conformity for sales, including digital downloads.
- CC art. 7:750 et seq.: Sales of digital goods.
- CC art. 6:235l et seq.: Also applies to free content in exchange for data.
These rules protect Delft residents in contracts with businesses. For defects, remedies are available under CC art. 7:23 and 6:235q. For disputes, you can approach the District Court of The Hague.
Conformity Requirements Explained
Assessed against subjective (agreed terms) and objective requirements:
- Subjective: Matches the contract, advertising, or brand expectations (CC 7:17(1)).
- Objective:
- Suitable for use, of good quality, and durable.
- Updates and compatibility with your devices (CC 7:17(2)).
- For digital: ongoing functionality over the expected period.
Physical vs. Digital Comparison
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | Bicycle, laptop | App, Netflix subscription |
| Updates | Not standard | Mandatory for functionality (CC 7:17(2)) |
| Usage Duration | Lifespan | Contract term + expected period |
| Free Variant | Not applicable | Applies to data exchange deals (CC 6:235l) |
Real-World Examples
Example 1: You buy an app (€9.99) for Delft bike routes with GPS. It crashes and lacks promised maps. Non-conformity: demand an update for repair.
Example 2: Streaming service (€12/month) promises 4K but delivers low resolution on your Delft smart TV. Incompatibility: request updates or an alternative.
Example 3: Free TU Delft study app in exchange for email: servers go offline after weeks. Conformity rules still apply (CC 6:235m).
Rights and Obligations in Case of Defects
Your rights:
- Repair/replacement: Free of charge, your choice first (CC 7:19).
- Price reduction: If repair is impossible.
- Termination: For serious issues, with refund.
- Damages: For consequential losses.
File a complaint within 2 months; warranty is 2 years (sales) or contract term +1 year (services). In Delft: start with Juridisch Loket Delft.
Your obligations:
- Install correctly.
- Update your devices.
- Report issues promptly to the seller.
Frequently Asked Questions
What if the content is defective?
Contact the seller in writing with details. Demand repair. If refused, terminate and request a refund. Keep evidence. Advice: Juridisch Loket Delft.
Does it apply to free apps with ads?
Yes, if data is shared (CC 6:235l). Full protection applies.
How long for updates?
Until the expected duration (e.g., 2 years for software). Seller is responsible.
App store purchase?
Target the developer; store may mediate. For Delft cases: escalate to District Court of The Hague.
Tips for Delft Residents
Avoid hassle:
- Check reviews and specs.
- Keep receipts and logs.
- Test promptly; use 14-day cooling-off period (CC 6:230m).
- For help: Municipality of Delft or Juridisch Loket Delft.
- Consult District Court of The Hague for proceedings.