What happened?
The new Law of 8 December 2021 transposes and integrates into
the Luxembourg Consumer Code the requirements set out under the
Directive (EU) 2019/770 dedicated to the supply of digital content
and services ("DCD") and the Directive
(EU) 2019/771 governing the sale of goods
("SGD").
What's the main takeaway?
This new legal framework modernises the legal guarantee of
conformity for the sale of goods and introduces a new regime in
terms of the legal guarantee of conformity for digital content and
services. Indeed, in the case of goods comprising digital elements,
when the contract provides for the continuous supply of the digital
content or digital service for a certain period, the seller is now
liable for any lack of conformity of the digital content or service
that occurs or appears within two years from the time where the
said goods with the digital elements have been delivered.
