Consumer Rights Act 2022

PART 3

Digital content contracts and digital service contracts

Chapter 1

Interpretation and application (Part 3)

Interpretation (Part 3)

48. (1) In this Part—

“Digital Directive” means Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 20196 on certain aspects concerning contracts for the supply of digital content and digital services;

“digital environment” means hardware, software and any network connection used by the consumer to access or make use of digital content or a digital service;

“free of charge” means free of any costs necessarily incurred in remedying the lack of conformity of digital content or a digital service with the digital content contract or digital service contract, including the cost of labour and materials;

“integration” means the linking and incorporation of digital content or a digital service with the components of the consumer’s digital environment in order for the digital content or digital service to be used in accordance with sections 53 to 55 ;

“number-independent interpersonal communications service” means an interpersonal communications service which does not connect with publicly assigned numbering resources, namely, a number in national or international numbering plans, or which does not enable communication with a number in national or international numbering plans;

“price” means money or a digital representation of value that is due in exchange for the supply of digital content or a digital service.

(2) A reference in this Part to digital content or a digital service being in conformity with a digital content contract or digital service contract is to be construed in accordance with section 52 (2).

(3) A word or expression used in this Part that is also used in the Digital Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Digital Directive.

(4) A court shall construe this Part in a manner that gives effect to the Digital Directive, and for this purpose the court shall have regard to the provisions of the Digital Directive, including its preamble.

6 OJ L 136, 22.5.2019