sec_3_2_8__para__3

‘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.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.