§1.6 Contracts against payment and contracts where the consumer provides personal data

Article 3 of the CRD defining its scope was amended by Directive (EU) 2019/2161. The amended paragraph 1 now refers to ‘payment of the price’ as condition for the application of the Directive. At the same time, a new paragraph 1a was added extending the scope of application of the Directive to contracts for online digital content and to contracts for digital services where the consumer provides personal data to the trader (subject to some exceptions). Article 3 1. This Directive shall apply , under the conditions and to the extent set out in its provisions, to any contract concluded between a trader and a consumer where the consumer pays or undertakes to pay the price . It shall apply to contracts for the supply of water, gas, electricity or district heating, including by public providers, to the extent that these commodities are provided on a contractual basis. 1a. This Directive shall also apply where the trader supplies or undertakes to supply digital content which is not supplied on a tangible medium or a digital service to the consumer and the consumer provides or undertakes to provide personal data to the trader , except where the personal data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital content which is not supplied on a tangible medium or digital service in accordance with this Directive or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process those data for any other purpose.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07