Goods with Digital Elements And The Seller’s Updating Obligation

Abstract

The updating rules of Directive 2019/771 on certain aspects concerning contracts for the sale of goods are new to most if not all Member States. It is a central issue regarding goods with digital elements as these goods often need to be updated in order to remain conforming to the contract. The article focuses on analysing whether the sellers’ updating obligation is well balanced with their respective rights. The article briefly explains the notion of goods with digital elements and thereafter, discusses the subjective and objective requirements for conformity of updates. Questions of which updates the seller is obliged to ensure are provided and how long the updating obligation lasts are being analysed. The article also focuses on the sellers’ liability period and rules on burden of proof. Finally, the seller’s right of redress is addressed. The article concludes that while the sellers’ obligations towards the consumer are provided for in as much detail as the versatile nature of goods with digital elements allows, this is not true regarding the rules on a seller’s right of redress.