Consumer Code modernised to cover digital goods and services

What happened?

The new Law of 8 December 2021 transposes and integrates into the Luxembourg Consumer Code the requirements set out under the Directive (EU) 2019/770 dedicated to the supply of digital content and services (“DCD”) and the Directive (EU) 2019/771 governing the sale of goods (“SGD”).

What’s the main takeaway?

This new legal framework modernises the legal guarantee of conformity for the sale of goods and introduces a new regime in terms of the legal guarantee of conformity for digital content and services. Indeed, in the case of goods comprising digital elements, when the contract provides for the continuous supply of the digital content or digital service for a certain period, the seller is now liable for any lack of conformity of the digital content or service that occurs or appears within two years from the time where the said goods with the digital elements have been delivered.

For more information about the DCD and the SGD, please read here.

What’s next?

The Luxembourg Consumer Code should soon be modified again, subject to the adoption of Bill of law 7904 currently being debated in the Parliament. That Bill of law aims at transposing the “Omnibus” Directive (UE) 2019/2161, mostly dealing with consumer law in relation to price indication and sanctions.