New regulations on the sale and supply of digital services and digital content in consumer turnover (I)

Abstract

The first part of the article describes how the Directive of the European Parliament and of the Council (EU) 2019/771 of May 20, 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC was transposed into Polish legislation. The obligation related to the implementation of the aforementioned directive, which is of a maximum nature, forced a return to the concept of seller's liability for non-conformity of goods with the contract, which was in force in consumer trade until December 24, 2014. De lege lata, the provisions on guarantee for defects of goods contained in Civil Code will not apply to contracts for the sale of goods that are movables concluded between a consumer and a businessman. The paper describes which regulations have worsened and which have improved the position of consumers purchasing goods from entrepreneurs. The second part of the study will address the implementation into Polish law of Directive 2019/770 of the European Parliament and of the Council (EU) of May 20, 2019 on certain aspects of contracts for the supply of digital content and services, which regulates the rights and obligations of entrepreneurs and consumers who are parties to contracts for the supply of digital content or services for the provision of digital content or digital services.