Consumer Rights Act 2022
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Digital content or digital service to be in conformity with digital content contract or digital service contract | ||
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52. (1) Where a digital content contract or digital service contract is concluded between a trader and a consumer, the trader shall supply digital content or a digital service to the consumer that is in conformity with the digital content contract or digital service contract. | ||
(2) Digital content or a digital service is in conformity with the digital content contract or digital service contract if the digital content or digital service— | ||
(a) complies with the requirements of sections 53 and 54 , and | ||
(b) does not fall to be treated as not being in conformity with the digital content contract or digital service contract under section 55 . | ||
(3) Where the digital content or digital service supplied by the trader is not in conformity with the digital content contract or digital service contract concerned, the consumer shall have the right to the remedies specified in Chapter 3 of this Part. | ||
(4) Where a digital content contract or digital service contract provides for a continuous supply of the digital content or digital service for a period specified in the contract— | ||
(a) a short-term interruption of the supply of the digital content or digital service— | ||
(i) that, having regard to the type and purpose of the digital content or digital service and the circumstances and nature of the contract, is more than negligible, or | ||
(ii) that recurs, | ||
shall be deemed to constitute a lack of conformity with the digital content contract or digital service contract, and | ||
(b) the consumer shall have the right to the remedies specified in Chapter 3 of this Part. | ||
(5) Where a failure to comply with— | ||
(a) any requirement imposed by or under the Data Protection Act 2018 , or | ||
(b) any requirement imposed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20167 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), | ||
constitutes a lack of conformity of the digital content or digital service with the digital content contract or digital service contract, the consumer shall have the right to the remedies specified in Chapter 3 of this Part. | ||