Conformity of Digital Content in Den Haag
As a Den Haag resident, you are protected as a consumer: sellers and service providers must supply digital products or services that meet your reasonable expectations. This covers quality, functionality and updates, as provided for in the Civil Code (BW). In the event of defects, you can demand repair, replacement or contract dissolution. In Den Haag, the Juridisch Loket Den Haag provides free advice for local residents.
What Falls Under Digital Content?
This includes digitally produced and supplied data, such as apps, software, streaming services, e-books, music files, online games and VR experiences. Unlike physical products, it is intangible. The emphasis is on whether it complies with the promised and standard characteristics.
Read our article on digital content and software for more information.
Legal Rules
Since 1 January 2022, updated rules from EU Directive 2019/770 have applied. Relevant Civil Code (BW) articles:
- BW art. 6:235p: Requirements for digital content and services.
- BW art. 7:17: Basic conformity for sales, including digital items such as software.
- BW art. 7:750 et seq.: Sales of digital products.
- BW art. 6:235l et seq.: Including free content in exchange for data.
For consumers dealing with businesses: legal remedies apply in cases of non-conformity (BW 7:23, 6:235q). The Rechtbank Den Haag handles disputes for local residents.
Conformity Requirements Explained
Assessed against subjective (agreed terms) and objective requirements:
- Subjective: Complies with the contract, promotions or brand expectations (BW 7:17(1)).
- Objective:
- Suitable for the intended use, of good quality and durability.
- Updates and compatibility with devices (BW 7:17(2)).
- For digital content: ongoing functionality over the expected period.
Comparison: Physical vs Digital
| Aspect | Physical Products | Digital Content |
|---|---|---|
| Examples | TV, clothing | App, streaming |
| Updates | Not standard | Required for functionality (BW 7:17(2)) |
| Usage Duration | Lifespan | Contract period + expected time |
| Free | Not applicable | Yes, in exchange for data (BW 6:235l) |
Practical Examples
Example 1: You download an AI photo-editing app for €9.99 that crashes and lacks filters. Non-conformity: not as promised and unusable. Demand an update.
Example 2: Streaming subscription (€12/month) provides low quality on your Den Haag smart TV despite HD support. Incompatibility: demand updates or an alternative.
Example 3: Free game requiring your email: servers go offline after one month. Even 'free' content is covered for personal use (BW 6:235m).
Rights and Obligations in Case of Defects
Consumer Rights:
- Repair/Replacement: Free of charge, your choice first (BW 7:19).
- Price Reduction: If repair fails.
- Contract Dissolution: For serious defects, with full refund.
- Damages Claim: For consequential losses.
File a complaint within 2 months; warranty is 2 years (sales) or contract duration +1 year (services). In Den Haag: start with the Juridisch Loket Den Haag.
Your Obligations:
- Follow installation instructions.
- Keep your hardware updated.
- Report defects promptly to the seller.
Frequently Asked Questions
What if the content is defective?
Contact the seller in writing with details. Demand repair. If refused, dissolve the contract and request a refund. Keep proof. In Den Haag: the Juridisch Loket Den Haag offers free help.
Does it apply to free apps with ads?
Yes, if personal data is shared (e.g. login), under BW 6:235l. Full protection applies.
How long must updates be provided?
Until the expected duration (e.g. 2 years for software). The seller must ensure ongoing functionality.
App stores like Google Play?
Target the developer; the store often mediates. For escalation, seek local legal aid via the Rechtbank Den Haag.
Tips for Den Haag Residents
Avoid trouble:
- Check reviews and specifications first.
- Keep receipts, logs and chats.
- Test immediately and report within 14 days.
- Use the 14-day cooling-off period for online purchases (BW 6:230m).
- Consult the Juridisch Loket Den Haag or the Gemeente Den Haag consumer desk if unsure.