Conformity of Digital Content for Westland Residents
In Westland, as a consumer, you are protected: sellers and service providers must supply digital products or services that meet your reasonable expectations in terms of quality, functionality, and updates. This is laid down in the Civil Code (BW). In the event of defects, you can choose repair, replacement, or dissolution of the purchase. Residents of the Municipality of Westland can seek assistance at Juridisch Loket Westland in cases of non-conformity.
What Falls Under Digital Content?
This covers all digitally supplied data, such as apps, software, streaming services, e-books, music files, online games, or VR applications. Unlike physical products, it has no tangible form. The emphasis is on whether it complies with the promised and standard characteristics.
Read more in our article on digital content and software.
Legal Rules
Since 1 January 2022, updated rules from EU Directive 2019/770 apply to the conformity of digital content. Relevant Civil Code articles:
- Civil Code art. 6:235p: Requirements for digital content and services.
- Civil Code art. 7:17: Standard conformity for purchases, including digital ones like software.
- Civil Code art. 7:750 et seq.: Sales rules for digital goods.
- Civil Code art. 6:235l et seq.: Applies also to free content in exchange for data.
These rules protect consumers in Westland against professional sellers. In case of issues, you can invoke remedies (Civil Code art. 7:23 and 6:235q), if necessary via the Westland District Court.
What Are the Conformity Requirements?
Assessment based on subjective (agreed terms) and objective requirements:
- Subjective: Complies with contract description, advertising, or brand expectations (Civil Code 7:17(1)).
- Objective:
- Suitable for use, good quality, and expected lifespan.
- Updates and compatibility with your devices (Civil Code 7:17(2)).
- For digital: ongoing functionality during the usage period.
Comparison: Physical vs. Digital
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | Washing machine, clothing | App, streaming service |
| Updates | Not required | Mandatory for functionality (Civil Code 7:17(2)) |
| Usage Period | Expected duration | Contract term + additional period |
| Free Offers | Not applicable | Applies to data exchange (Civil Code 6:235l) |
Practical Examples
Example 1: You download an app for €9.99 to manage greenhouse plants in Westland using AI. It crashes and lacks filters. Non-conformity: demand an update for repair.
Example 2: Streaming subscription (€12/month) promises HD movies but streams slowly on your Westland smart TV. File a complaint for a compatibility fix or alternative.
Example 3: Free gardening app in exchange for email: servers go offline after one month. Conformity applies here too (Civil Code 6:235m).
Rights and Obligations in Case of Defects
Your rights:
- Repair/replacement: Free and without significant inconvenience (Civil Code 7:19).
- Price reduction: If repair is impossible.
- Dissolution: For serious defects, with refund.
- Compensation: For additional damage, such as data loss.
Report the complaint within 2 months; warranty is 2 years (sales) or contract term +1 year (services).
Your obligations:
- Install as instructed.
- Update your devices.
- Report directly to the seller.
Frequently Asked Questions
What if content in Westland is defective?
Contact the seller with a description of the defect. Demand repair. If refused: dissolve and demand a refund. Keep evidence. Call Juridisch Loket Westland for advice.
Does this apply to free apps with ads?
Yes, if data is shared (Civil Code 6:235l). Full protection applies.
How long are updates required in Westland?
Until the expected duration, e.g., 2 years for apps. Seller must maintain functionality.
Problem via Google Play?
Target the developer, not the store. Platforms often mediate.
Tips for Westland Residents
Avoid hassle:
- Check reviews and specs before buying.
- Keep receipts, logs, and chats.
- Test immediately; report within 14 days.
- Use the 14-day cooling-off period for online purchases (Civil Code 6:230m).
- In disputes: start with Juridisch Loket Westland or Westland District Court.