The EU Digital Content Directive (2019/770) is a landmark piece of legislation that gives consumers across the European Union clear rights when they purchase or subscribe to digital content and services — from software and streaming subscriptions to cloud storage and social media platforms. For the first time, it also addresses situations where you 'pay' with your personal data rather than money. Many consumers don't realise these protections exist, and many digital service providers still operate with terms of service that attempt to limit rights the Directive guarantees.
What is a Consumer Rights under the Digital Content Directive?
A digital content or digital service contract is any agreement under which a trader supplies digital content (data produced and supplied in digital form, such as software, apps, ebooks, music files) or a digital service (a service that allows data creation, processing, storage, or access, such as cloud storage, streaming, social media, or SaaS). The Digital Content Directive (2019/770) harmonises consumer rights across the EU for these contracts. It applies when the consumer pays a price in money or provides personal data (unless the data is processed solely for the purpose of supplying the content or to comply with legal requirements).
Red flags to watch for
The Directive provides that digital content must be in conformity with the contract. Terms attempting to exclude this liability are invalid under EU consumer law.
Under the Directive, traders must supply updates (including security updates) necessary to keep the digital content in conformity. If the terms don't address this or specify an unreasonably short update period, the trader may not comply.
The Directive limits unilateral modifications — changes must be justified, and if they negatively affect the consumer, the consumer must be able to terminate without cost within 30 days.
When a contract ends, the trader must make your content available for retrieval. If the terms are silent on this, you could lose access to your data, photos, documents, or creative work.
Under the Directive, consumers have the right to a proportionate price reduction or termination (with refund) if the digital content is not in conformity. Terms limiting you to service credits may be non-compliant.
Your legal rights
Under the Digital Content Directive (EU) 2019/770 (implemented by member states by 1 January 2022), consumers have the right to: digital content that conforms to the contract, including as described, fit for purpose, and with qualities normal for the type of content; updates necessary to maintain conformity for the supply period; remedies for non-conformity (first: bringing into conformity; then: proportionate price reduction or termination with refund); data retrieval at contract termination; protection against unilateral detrimental modifications. The burden of proof for non-conformity is reversed for the first year (the trader must prove the content was conforming). The Directive also applies when personal data is the 'payment.' Member state implementations may vary — for example, Germany's BGB §§ 327-327u, France's Code de la consommation, and the Netherlands' Burgerlijk Wetboek.
Questions to ask before you sign
- 1Does the contract specify the trader's obligation to provide updates?
- 2What happens to my data when the contract ends?
- 3Can the trader modify the service and what are my rights if they do?
- 4What remedies are available if the digital content doesn't work as described?
- 5Does the contract acknowledge my rights under the Digital Content Directive?
- 6If I'm providing personal data as 'payment,' what specific protections apply?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.