New Cypriot legislation establishes rules regarding contracts for the supply of digital content or digital services. These rules include requirements for compliance with the contract for the supply of digital content or services and remedies available for non-compliance or failure to supply. The new rules result from the transposition of Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services in Cypriot law.
Cypriot law applies to any contract whereby a trader provides digital content or digital services to the consumer for a price. It also applies when the consumer does not pay a price but provides personal data to the trader (unless the personal data provided is processed solely for the purpose of providing the digital content or digital service or for the trader to compliant with legal requirements).
Digital content includes computer programs and mobile applications, as well as video and audio files in digital form. Digital services include, for example, cloud computing services and social media.
Excluded from the scope of the new legislation are goods with digital elements, Internet access; SMS (such as SMS) unless it is number independent, healthcare, gambling, financial services, open source software, digital content as part of a show or event, and digital content provided by public sector organizations.
Among the other rules laid down by Cypriot law, digital content and digital services must meet certain suitability requirements corresponding to characteristics such as functionality, compatibility, interoperability, as required by the contract. Digital content and digital services must also be suitable for the purpose agreed in the contract for their supply, be up-to-date as stipulated in the contract and have the quality and performance characteristics that the consumer can reasonably expect.
Mandatory information requirements apply to merchants of digital content and digital services, who must ensure that the consumer is informed and informed of updates, including security updates, necessary to maintain the content. or compliant service.
The trader can be held responsible vis-Ã -vis the consumer for the non-supply of the digital content or the digital service, the lack of conformity of the content or the service existing at the time of the supply and manifesting itself within a minimum period of two years. Different liability rules apply when digital content or digital service is provided on a streaming basis. In cases where the consumer has the right to withdraw from the contract, the trader must reimburse the consumer in full, except for periods when the digital content or digital service provided continuously was compliant.
The new rules may require updates to the terms and conditions of providers of digital content and digital services, including apps, movies and music, SaaS and social media, when these are provided to Cypriot consumers.