Conformity of Digital Content for Amsterdam Residents
In Amsterdam, as a consumer, you are protected if sellers or service providers deliver digital products or services that fail to meet your reasonable expectations. This covers quality, functionality, and updates, as provided in the Civil Code (CC). In cases of non-conformity, you can demand repair, replacement, or contract dissolution. Live in Amsterdam? The Amsterdam Legal Aid Office provides free initial support for complaints.
What Qualifies as Digital Content?
This includes digital data such as city navigation apps, streaming of local events, e-books on Amsterdam history, music downloads, online games, or VR tours along the canals. Unlike physical goods, it is intangible. Conformity verifies whether it aligns with promises and standard expectations.
Read more in our article on digital content and software.
Legal Rules in the Netherlands and Amsterdam
Since January 1, 2022, conformity rules have been updated under EU Directive 2019/770. Relevant Civil Code articles:
- Civil Code article 6:235p: Requirements for digital content and services.
- Civil Code article 7:17: Basic standards for sales, including digital items like apps.
- Civil Code article 7:750 et seq.: Sales of digital products.
- Civil Code article 6:235l et seq.: Including free content in exchange for data.
These apply to professional providers. In disputes, you can invoke legal remedies (Civil Code arts. 7:23 and 6:235q). In Amsterdam, the Amsterdam District Court handles cases.
What Are the Conformity Requirements?
Assessed against subjective (agreed terms) and objective requirements:
- Subjective: Matches the contract, descriptions, or brand expectations (Civil Code art. 7:17(1)).
- Objective:
- Good quality, fit for purpose, and reasonable durability.
- Updates and device compatibility (Civil Code art. 7:17(2)).
- For digital content: ongoing functionality over the expected period.
Comparison: Physical vs. Digital
| Aspect | Physical Goods | Digital Content |
|---|---|---|
| Examples | Bike, clothing | Amsterdam app, streaming |
| Updates | Not standard | Required for functionality (Civil Code art. 7:17(2)) |
| Usage Period | Lifespan | Contract term + expected duration |
| Free Content | N/A | Allowed in data exchange (Civil Code art. 6:235l) |
Practical Examples in Amsterdam
Example 1: An app costing €9.99 promises AI editing of canal photos but crashes on Android phones. Non-conformity: not as described and unfit for purpose. Demand an update from the seller.
Example 2: A streaming service (€12/month) delivers poor-quality Ajax matches and fails on your Amsterdam smart TV. Incompatibility! Request updates or an alternative.
Example 3: Free Amsterdam-themed game in exchange for your email: servers go offline after weeks. Even 'free' content is covered when data is involved (Civil Code art. 6:235m).
Rights and Obligations in Case of Defects
Consumer Rights:
- Repair/Replacement: Free, at your initial choice (Civil Code art. 7:19).
- Price Reduction: If repair fails.
- Contract Dissolution: For serious issues, with refund.
- Damages: Compensation for additional costs.
Report complaints within 2 months; warranty is 2 years (sales) or contract term +1 year (services). Contact the Amsterdam Legal Aid Office for guidance.
Your Obligations:
- Follow installation instructions.
- Keep your hardware updated.
- Report issues promptly to the seller or Municipality of Amsterdam for local matters.
Frequently Asked Questions
What if the content is non-conforming?
Contact the seller in writing with details. Demand repair. If refused, dissolve the contract and request a refund. Keep evidence. Visit the Amsterdam Legal Aid Office.
Does it apply to free apps with ads?
Yes, if data is shared (Civil Code art. 6:235l). Full protection applies.
How long for updates?
Until the expected duration, e.g., 2 years for apps. Seller ensures functionality.
App stores like Google Play?
Developer is primarily liable; store may mediate. Seek help from the Amsterdam District Court.
Tips for Amsterdam Residents
Avoid hassle:
- Check reviews for local compatibility.
- Keep receipts and logs.
- Test immediately; use 14-day cooling-off period (Civil Code art. 6:230m).
- Consult Amsterdam Legal Aid Office or Amsterdam District Court if needed.
- Check Municipality of Amsterdam for local consumer initiatives.