The OECD Committee on Consumer Policy has been debating digital content services, and in this context, it is also monitoring reports and achievements in the EU.
Under the new Consumer Rights Directive, in addition to meeting the general requirements of providing information, a trader must provide the consumer information about the functionality and interoperability of digital content.
The concept of functionality refers to the ways in which digital content can be used, for example for tracking consumer behaviour. Functionality should also refer to the presence or absence of any technical restrictions, such as protections via Digital Rights Management or region coding.
The concept of interoperability describes the standard hardware and software environment with which the digital content is compatible: for example, the operating system, the necessary version and certain hardware features.
Under the Consumer Rights Directive, the consumer must always be given the following information about technical interoperability before concluding a contract (both at the business premises and in distance selling):
- where applicable, the functionality, including applicable technical protection measures, of digital content;
- where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of it, or can reasonably be expected to have been aware of.
The Commission should investigate if there is a need for further harmonisation of provisions on digital content and, if necessary, issue a legislative proposal on this matter. The Current Issues in Consumer Law newsletter will monitor the progress of the OECD’s work on digital content.
Directive 2011/83/EU on consumer rights (Articles 5 and 6)
OECD Work on Digital Content website