Warranty for non-conformity of digital content and services

Abstract

For the contract for the supply of digital content and services to be deemed to be fulfilled by the supplier, it is essential that the content or services supplied, whether or not they are incorporated in goods, meet a series of subjective and objective requirements. These are the so-called conformity requirements. On this basis, when the contents or services supplied do not comply with the aforementioned applicable subjective and objective requirements, we are faced with a lack of conformity. Lack of conformity is a key assumption in terms of the employer's or supplier's liability. Indeed, if the latter supplies a digital content or service that deviates from what has been agreed, he must respond to the corrective measures or legal remedies requested by the consumer. Specifically, three remedies are envisaged in the event of a lack of conformity in this type of contract: remedying or bringing into conformity, reduction of the price and termination of the contract. These remedies are not new, but they do present a series of particularities, since they have been regulated exclusively for digital content and services. For this reason, they are the subject of analysis in this paper.