Consumer Rights Act 2022

Subjective requirements for conformity with digital content contract or digital service contract

53. (1) Digital content or a digital service supplied under a digital content contract or digital service contract shall—

(a) be of the description, quantity and quality, and possess the functionality, compatibility, interoperability, accessibility, continuity, security and other features, specified in the digital content contract or digital service contract,

(b) be fit for any particular purpose for which the consumer requires it—

(i) that the consumer made known to the trader at the time of, or before, the conclusion of the digital content contract or digital service contract, and

(ii) that the trader has accepted,

(c) be supplied with all accessories, instructions, including on the installation or integration of the digital content or digital service, and customer assistance as specified in the digital content contract or digital service contract, and

(d) be updated as specified in the digital content contract or digital service contract.

(2) The information which the trader is required to provide to the consumer in a distance contract or an off-premises contract under section 103 , 104 or 106 shall form part of the digital content contract or digital service contract.

(3) Digital content or a digital service supplied under a digital content contract or digital service contract that is a distance contract or an off-premises contract shall comply with any term of the contract deriving from the information referred to in subsection (2) that is additional to the requirements of subsection (1).

(4) Where the digital content contract or digital service contract provides for a continuous supply of digital content or a digital service for a period specified in the contract, the digital content or digital service shall comply with the requirements of subsections (1) and (2) during that period.