Consumer Rights Act 2022
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Liability of trader under digital content contract or digital service contract | ||
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58. (1) Where a digital content contract or a digital service contract is concluded between a trader and a consumer, the trader shall be liable to the consumer for any failure to supply the digital content or digital service in accordance with section 51 . | ||
(2) Where a digital content contract or digital service contract provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the trader shall be liable for any lack of conformity with the digital content contract or digital service contract, including any lack of conformity resulting from a violation of an intellectual property right or any other right of a third person, which exists at the time of supply of the digital content or digital service. | ||
(3) Where an update is supplied by the trader or a person other than the trader under a digital content contract or digital service contract that provides for a single act of supply, or a series of individual acts of supply, of digital content or a digital service, the trader shall be liable for any lack of conformity with the digital content contract or digital service contract— | ||
(a) caused by the update which exists at the time of supply or installation of the update, or | ||
(b) caused by the failure of the trader to supply an update in accordance with section 54 (4) at the time the update should have been supplied. | ||
(4) Where a 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 trader shall be liable for a lack of conformity with the digital content contract or digital service contract that occurs or becomes apparent during that period. | ||
(5) The consumer’s right to a remedy in respect of a lack of conformity with the digital content contract or digital service contract for which the trader is liable under this section shall apply for 6 years from— | ||
(a) in the case of a digital content contract or digital service contract which provides for a single act of supply of digital content or a digital service, or a series of such acts, the time of the supply of the digital content or digital service, and | ||
(b) in the case of a digital content contract or digital service contract which provides for a continuous supply of the digital content or digital service for a period specified in the contract, the time at which the lack of conformity occurs or becomes apparent during that period. | ||
(6) The consumer’s right to a remedy in respect of a failure to supply digital content or a digital service under a digital content contract or digital service contract for which the trader is liable under this section, shall apply for 6 years from the time at which the trader was required to supply the digital content or digital service in accordance with section 51 . |