§5.8.3 Consequences regarding online digital content

COMMISSION NOTICE Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights · European Union

As regards contracts for online digital content, if any of the three conditions provided in point (m) of the first paragraph of Article 16 is not fulfilled (see section 5.7), and the consumer exercises the right of withdrawal, Article 14(4)(b) applies and entitles the consumer either not to pay for the content received or be reimbursed for the amounts paid: Article 14 4. The consumer shall bear no cost for: […] (b) the supply, in full or in part, of digital content which is not supplied on a tangible medium where: (i) the consumer has not given his prior express consent to the beginning of the performance before the end of the 14-day period referred to in Article 9; (ii) the consumer has not acknowledged that he loses his right of withdrawal when giving his consent; or (iii) the trader has failed to provide confirmation in accordance with Article 7(2) or Article 8(7).

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