Õiguskirjandus

Consumer Sales and Guarantees Directive, Article 2 Consumer Sales and Guarantees Directive, Article 3

The article focuses on the question of a seller’s liability for a defect in a digital service that supports the functioning of connected goods purchased by a consumer. Based on two examples – fitness trackers and connected cars with a built-in navigation system – the authors show that it is unclear whether a defect in the digital service supporting the performance of a smart device amounts to a defect of the good or not. In any case, the seller would generally not be liable for it. The article suggests that the rules on linked contracts currently in place in the Consumer Credit Directive could be taken as a starting point for developing the rules on seller’s liability for ancillary digital services.