Conformity of Digital Content in Zoetermeer
In Zoetermeer, as a consumer, you are protected: sellers and service providers must supply digital products or services that meet your reasonable expectations. This covers quality, functionality and updates, as stipulated in the Civil Code (BW). In the event of defects, you can demand repair, replacement or contract dissolution. Local support is available at Het Juridisch Loket Zoetermeer.
What Falls Under Digital Content?
This includes digitally produced and supplied data, such as apps, software, streaming services, e-books, music files, online games or VR experiences. Unlike physical products, it is intangible. Conformity verifies compliance with promises and standards.
Read more in our article on digital content and software, relevant for Zoetermeer residents.
Legal Rules
Since 1 January 2022, updated EU rules (Directive 2019/770) have applied to conformity. Key provisions:
- Civil Code Article 6:235p: Requirements for digital content and services.
- Civil Code Article 7:17: Basic conformity, including for digital purchases.
- Civil Code Article 7:750 et seq.: Sale of digital goods.
- Civil Code Article 6:235l et seq.: Including free content in exchange for data.
For consumer-business transactions: non-conformity triggers legal remedies (Civil Code arts. 7:23 and 6:235q). In Zoetermeer, the Rechtbank Zoetermeer handles disputes.
Conformity Requirements Explained
Assessed against subjective (agreed terms) and objective requirements:
- Subjective: Complies with the contract, advertising or brand expectations (Civil Code 7:17(1)).
- Objective:
- Suitable for intended use, of good quality and durability.
- Updates and compatibility with your devices (Civil Code 7:17(2)).
- For digital content: sustained functionality over the expected period.
Comparison: Physical vs Digital
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | Bicycle, clothing | App, video game |
| Updates | Not standard | Required for functionality (Civil Code 7:17(2)) |
| Usage Period | Lifespan | Contract term + additional period |
| Free Variant | Not applicable | Applicable for data exchange (Civil Code 6:235l) |
Real-World Examples
Example 1: A Zoetermeer resident buys a local traffic app (€9.99) for AI route planning. It crashes on Android and lacks promised features. Non-conformity: demand an update from the seller.
Example 2: Streaming subscription (€12/month) promises 4K but delivers SD quality and fails on your Zoetermeer smart TV. A complaint can lead to a fix or alternative.
Example 3: Free app for Municipality of Zoetermeer news crashes after updates. Even 'free' content falls under Civil Code 6:235m when data is provided.
Rights and Obligations in Case of Defects
Consumer Rights:
- Repair/Replacement: Free of charge, your choice first (Civil Code 7:19).
- Price Reduction: If repair is not feasible.
- Termination: For serious defects, with refund.
- Damages: For consequential losses.
Report complaints within 2 months; warranty is 2 years (sales) or contract term +1 year. In Zoetermeer: start with Het Juridisch Loket Zoetermeer.
Your Obligations:
- Follow installation instructions.
- Keep your devices up to date.
- Report issues promptly to the seller.
Frequently Asked Questions
What if digital content is non-conforming?
Submit a complaint with details. Demand repair. If refused, terminate and request a refund. Keep evidence. Seek help from Het Juridisch Loket Zoetermeer.
Does it apply to free apps with ads?
Yes, if data is shared (Civil Code 6:235l). Full protection applies.
How long must updates be provided?
For the expected duration (e.g. 2 years for software). Seller is responsible.
App store purchase?
Developer is liable, not the store. Mediation may be available. Escalate to Rechtbank Zoetermeer if needed.
Tips for Zoetermeer Residents
Avoid hassle:
- Check reviews and specs first.
- Keep receipts, logs and chats.
- Test immediately; report within 14 days.
- Use the 14-day cooling-off period (Civil Code 6:230m).
- Consult Het Juridisch Loket Zoetermeer for personal advice or Rechtbank Zoetermeer for proceedings.