S.L. 378.20 Art. 11Burden of proof.

(1) The burden of proof with regard to whether the digital content or digital service was supplied in accordance with regulation 4 shall be on the trader.

(2) In cases referred to in regulation 10(2), the burden of proof with regard to whether the supplied digital content or digital service was in conformity at the time of supply shall be on the trader for a lack of conformity which becomes apparent within a period of one year from the time when the digital content or digital service was supplied.

(3) In cases referred to in regulation 10(3), the burden of proof with regard to whether the digital content or digital service was in conformity within the period of time during which the digital content or digital service is to be supplied under the contract shall be on the trader for a lack of conformity which becomes apparent within that period.

(4) Sub-regulations (2) and (3) shall not apply where the trader demonstrates that the digital environment of the consumer is not compatible with the technical requirements of the digital content or digital service and where the trader informed the consumer of such requirements in a clear and comprehensible manner before the conclusion of the contract.

(5) The consumer shall co-operate with the trader, to the extent reasonably possible and necessary, to ascertain whether the cause of the lack of conformity of the digital content or digital service at the time specified in regulation 10(2) or (3), as applicable, lay in the consumer’s digital environment. The obligation to co-operate shall be limited to the technically available means which are least intrusive for the consumer. Where the consumer fails to cooperate, and where the trader informed the consumer of such requirement in a clear and comprehensible manner before the conclusion of the contract, the burden of proof with regard to whether the lack of conformity existed at the time specified in regulation 10(2) or (3), as applicable, shall be on the consumer.