GSMA Europe and ETNO have submitted a joint response to DG Justice and Consumer’s (JUST) consultation on contract rules for online purchases of digital content and tangible goods. The consultation is designed to collect views on how to remove contract law obstacles. For example to see whether there’s a need for harmonized EU rules for cross-border online purchases of digital content and whether there are ways to reduce unfair contract terms and also to find remedies for consumers who buy defective goods online.
In their response, the GSMA and ETNO underlined the need for the same protection for the same services, calling for a harmonised set of rights for digital services and content, which should be light touch, principles-based, future proof and technology neutral. Whilst protecting consumers is very important, remedies for non-conformity should be reasonable and proportionate so as to also encourage innovation and competition. The new regulation should be restricted to consumers and should not extend to business/SME customers.
The European Commission plans to publish its proposal, which will be the first under the Digital Single Market umbrella, in December.