Consumer Rights Act 2022

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Modification of digital content or digital service

64. (1) Where—

(a) the digital content contract or digital service contract provides that the digital content or digital service is to be supplied or made accessible to the consumer for a period specified in the contract, and

(b) the conditions specified in subsection (2) are met,

the trader may modify the digital content or digital service beyond what is necessary to maintain the digital content or digital service in conformity with the digital content contract or digital service contract.

(2) The conditions referred to in subsection (1) are—

(a) the digital content contract or digital service contract allows, and provides a valid reason for, such a modification,

(b) such a modification is made without additional cost to the consumer,

(c) the consumer is informed in a clear and comprehensible manner of the modification, and

(d) the consumer is informed reasonably in advance on a durable medium of the features and time of the modification and of—

(i) the right to terminate the digital content contract or digital service contract in accordance with subsection (3), or

(ii) the possibility to maintain the digital content or digital service without such a modification in accordance with subsection (4)(b).

(3) Subject to subsection (4), the consumer shall have the right to terminate the digital content contract or digital service contract free of charge if the modification of the digital content or digital service negatively affects the consumer’s access to, or use of, the digital content or digital service.

(4) The right of the consumer to terminate the digital content contract or digital service contract under subsection (3) shall not apply if—

(a) the negative effect of the modification on the consumer’s access to, or use of, the digital content or digital service is minor, or

(b) the trader has enabled the consumer to maintain the unmodified digital content or digital service without additional cost, and the unmodified digital content or digital service remains in conformity with the digital content contract or digital service contract.

(5) In objectively ascertaining the effect of the modification of the digital content or digital service on the consumer’s access to, or use of, the digital content or digital service, regard shall be had to—

(a) the nature and purpose of the digital content or digital service, and

(b) the quality, functionality, compatibility and other main features normally found in digital content or a digital service of the same type.

(6) Where the consumer has the right to terminate the digital content contract or digital service contract under subsection (3) and wishes to exercise that right—

(a) the consumer shall exercise the right in accordance with section 66 before the expiry of the period of 30 days beginning on whichever is the later of—

(i) the day on which the consumer was informed of the modification, and

(ii) the day on which the digital content or digital service was modified by the trader,

and

(b) the trader shall—

(i) comply with the obligations under section 67 , and

(ii) make any reimbursement due to the consumer in accordance with section 68 .

(7) Where—

(a) the trader has—

(i) exercised the power conferred by subsection (1), and

(ii) enabled the consumer to maintain the unmodified digital content or digital service,

and

(b) that digital content or digital service does not satisfy the requirements of sections 53 to 55 ,

the consumer shall be entitled to the remedies in sections 61 , 62 and 69 .

(8) This section shall not apply where a bundle of electronic communications services or a bundle of such services and terminal equipment within the scope of Article 107 of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018⁸ establishing the European Electronic Communications Code (Recast) includes elements of an internet access service or a number-based interpersonal communications service.

⁸ OJ No. L 321, 17.12.2018, p.36