Consumer Rights Act 2022
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Obligations of trader where digital content contract or digital service contract terminated | ||
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67. (1) Subject to subsections (2) and (4), where the consumer exercises the right under section 50 (2), 60 (1) or (2), 62 (2)(b) or 64 (3) to terminate a digital content contract or digital service contract, the trader shall reimburse the consumer in accordance with section 68 for all payments made under the contract. | ||
(2) Where the digital content contract or digital service contract provides for the supply of the digital content or digital service for a period specified in the contract in exchange for the payment of a price and the digital content or digital service was in conformity with the digital content contract or digital service contract for a period prior to the termination of the contract, the trader shall reimburse the consumer only for— | ||
(a) the proportionate part of the price paid corresponding to the period of time during which the digital content or digital service was not in conformity with the contract, and | ||
(b) any part of the price paid by the consumer in advance for any period of the contract that would have remained had the contract not been terminated. | ||
(3) Where the consumer terminates a digital content contract or digital service contract under which digital content was supplied on a tangible medium, the trader may request that the consumer return the tangible medium to the trader without undue delay. | ||
(4) Where the trader makes a request under subsection (3)— | ||
(a) the request shall be made within 14 days of the day on which the trader was informed of the consumer’s decision to terminate the contract, and | ||
(b) the trader shall be liable for the cost of returning the tangible medium. | ||
(5) Subject to subsection (6), the trader shall not use any content that was provided or created by the consumer when using the digital content or digital service supplied by the trader under the digital content contract or digital service contract. | ||
(6) The trader may use content such as is referred to in subsection (5) where the content is not personal data and the content— | ||
(a) has no utility outside the context of the digital content or digital service supplied by the trader, | ||
(b) relates only to the consumer’s activity when using the digital content or digital service supplied by the trader, | ||
(c) has been aggregated with other data by the trader and cannot be disaggregated or can be disaggregated only with disproportionate effort, or | ||
(d) has been generated jointly by the consumer and others, and other consumers are able to continue to make use of the content. | ||
(7) Subject to subsection (8), the trader shall, at the request of the consumer, make available to the consumer any content (other than personal data), which was provided or created by the consumer when using the digital content or digital service supplied by the trader under the digital content contract or digital service contract. | ||
(8) The trader need not make available any content which falls within any of paragraphs (a) to (c) of subsection (6). | ||
(9) The consumer shall be entitled to retrieve the digital content made available to him or her in accordance with subsection (7)— | ||
(a) free of charge, | ||
(b) without hindrance from the trader, | ||
(c) within a reasonable time, and | ||
(d) in a commonly used and machine-readable format. | ||
(10) Without prejudice to subsections (7) and (8), the trader may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or disabling the user account of the consumer. |