The Dutch bill for the transposition of the Digital Content Directive, recently submitted to the Dutch parliament, will create a new Title in the Civil Code dealing with digital content and digital services contracts. In line with Dutch legislative tradition, the bill is closely aligned with Dutch (consumer) sales law, which is amended accordingly for the transposition of the Sale of Goods Directive. The most important feature of the new title on digital content and digital services contracts is the ‘open period’ during which a lack of conformity may arise: as long as the consumer could reasonably expect that the digital content or service would remain to be in conformity, any lack thereof entitles the consumer to a remedy. In this paper, the Dutch system and the implementation of the directive will be explained.
Loos, Marco, The (proposed) transposition of the Digital Content Directive in The Netherlands (June 7, 2021) to be published in Journal of Intellectual Property, Information Technology, and Electronic Commerce Law (Jipitec), Amsterdam Law School Research Paper No 2021-15, Amsterdam Centre for Transformative private law Working Paper No 2021-05.