Business Companion

Digital

In the guide

  • Digital content: your obligations
  • What customers are entitled to
  • Damage caused to devices or other digital content

Before you start
Make sure you choose your location using the drop-down list at the top of the page.

For more detailed information, please see the In-depth Guides below. Some laws are different in England, Scotland and Wales, and some are enforced differently, so the In-depth Guides provide country-specific information.

Once you've finished, make sure you look at the full range of Quick Guides to see whether there are any other areas of law that affect your business.

Digital content, as distinct from goods and services, is covered directly in law.

The definition of digital content is wide and includes computer programs, smartphone apps, e-books, music and movies on physical media such as CDs and Blu-ray discs, digital content included with goods such as cars or washing machines, as well as that provided by direct download or streaming via the internet to the consumer's equipment.

If you also supply goods and/or services you'll need to read the Quick Guides 'Goods' and 'Services'.

Digital content: your obligations

The trader is obliged to supply, and the consumer has the right to receive, digital content that is:

  • of satisfactory quality
  • fit for a particular purpose
  • as described

What customers are entitled to

If the consumer is supplied with faulty digital content, depending on the nature or extent of problem, they may be entitled to a:

  • repair
  • replacement
  • price reduction
  • refund

Where digital content is supplied as an inherent part of physical goods - such as computer systems, smartphones and washing machines - the remedies that are available to the consumer are those for goods.

This is important, as the remedies for goods include the right to reject, which is not available for digital content alone.

Damage caused to devices or other digital content

If supplied digital content causes damage to the consumer's equipment, device or other digital content, and this would not have happened if the trader had used reasonable care and skill, the consumer is entitled to either:

  • have the damaged equipment etc repaired by the trader
    or
  • receive compensation from the trader

In-depth guidance

This is a general guide and you may well need to know more; take a look below where we've listed our In-depth Guides on specific topics related to digital content

General

Accurate descriptions

The law prohibits the giving of false or misleading information to consumers, but what does this mean?

Protection from unfair trading (consumers' rights of redress)

Consumers have detailed rights of redress in law when a trader engages in a prohibited practice (a misleading action or an aggressive practice)

Mixed contracts

Understand your obligations when you sell goods, services and/or digital content alongside each other

Reviews and endorsements

Businesses and individuals that publish reviews must ensure they provide the full picture to consumers

Writing a returns policy

Find out how to tell your customers about their legal rights and your goodwill returns policy when they buy goods from you

Selling and supplying goods

Understand what your obligations are when a consumer buys goods from you

Unfair contract terms

Contract terms are not binding on consumers unless they are fair

Digital content

Understand what your obligations are when you supply digital content to a consumer

Protection from unfair trading (criminal law)

When dealing with consumers, you must ensure that you act fairly; you must provide accurate information and avoid business practices that are unfair, misleading or aggressive

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