Liability for Legal Defects of Digital Content and Digital Services From the Slovenian Law Perspective

Digital content and digital services provided to consumers are often subject to third-party rights that may restrict the consumer’s use of the content or service. Under the Digital Content and Services Directive, Member States must provide consumers with remedies for lack of conformity if third-party rights prevent or limit the use of digital content or services in a manner contrary to the supply contract. Remedies for legal defects are defined analogously to the lack of material conformity of digital goods and services. However, the wording does not clarify the consumers’ rights in situations where they can still access the digital content or service but cannot do so without infringing third-party rights. Although the Directive aims for full harmonisation, it permits Member States to retain national rules that allow for the nullity or rescission of contracts in cases of legal defects. This paper examines which rules under Slovenian law of obligations may come into play.