§3.2.8 Functionality, compatibility and interoperability

In accordance with the amendments introduced by Directive (EU) 2019/2161, traders offering goods with digital elements (‘smart’ devices), digital content and digital services have to inform the consumer also about their functionality, compatibility and interoperability. The respective requirements are set out in identical terms in Article 6(1)(r) and (s) for off-premises and distance contracts and in Article 5(1)(g) and (h) for on-premises contracts. Article 5(1)(g) and Article 6(1)(r) where applicable, the functionality, including applicable technical protection measures, of goods with digital elements, digital content and digital services; Article 5(1)(h) and Article 6(1)(s) where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content and digital services that the trader is aware of or can reasonably be expected to have been aware of; The notions of functionality, compatibility and interoperability are defined in Article 2 of the Digital Content Directive (‘DCD’). ‘Goods with digital elements’ (i.e. ‘smart’ devices) are a sub-category in the updated definition of ‘goods’ in the Sale of Goods Directive (‘SGD’), which also applies in the context of the CRD. Recital 14 of the SGD explains that ‘goods with digital elements’ incorporate or are inter-connected with digital content or digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions. Digital content that is incorporated in or inter-connected with a good can be any data which are produced and supplied in digital form, such as operating systems, applications and any other software. Digital content can be pre-installed at the moment of the conclusion of the sales contract or, where that contract so provides, can be installed subsequently. Digital services inter-connected with a good can include services which allow the creation, processing or storage of data in digital form, or access thereto, such as software-as-a-service offered in the cloud computing environment, the continuous supply of traffic data in a navigation system, or the continuous supply of individually adapted training plans in the case of a smart watch. The trader should assess the need to provide information about the features of the goods with digital elements, digital content or digital service according to their particular characteristics. The following indicative and non-exhaustive list of elements, covering also aspects of functionality, compatibility and interoperability, may be used as a checklist when deciding what information is to be provided about a specific good with digital elements, digital content or digital service (see also section 3.2.1 regarding information about the main characteristics): (1) The language(s) of the interface of the goods with digital elements, digital content or service, and, if different, the language(s) of any user instructions for their operation; (2) The method of providing the digital content or service: e.g. streaming, online, one-off downloading, access to download for a specified time; (3) For video or audio files: the playing duration of the content; (4) For downloadable files: the file type and size; (5) Whether there is a commitment or no commitment by the trader or a third party to maintain or update the goods with digital elements, digital content or service; (6) Conditions not directly linked to interoperability, such as: (a) tracking and/or personalisation; (b) the need for an internet connection and its technical requirements (such as minimum download and upload speed); (c) the need for other users to have specific software installed (e.g. for communication software). (7) Limitations on the use, such as: (a) limits on the number of times, or the length of time in which a digital content or service can be watched, read or used; (b) limits on the reuse for purposes such as private copies; (c) restrictions based on the location of the consumer’s device; (d) any functionalities that are conditional on additional purchases, such as paid content, club memberships or additional hardware or software. (8) Devices that the digital content or service can be used with and, where applicable, the necessary operating system and additional software, including the version number, and hardware, such as processor speed and graphics card features. (9) Any specifics related to the ‘Internet of Things’ functionalities of the goods with digital elements.

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