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S.L. 378.20 · Digital Content And Digital Services (S.L. 378.20)

S.L. 378.20 Art. 18Modificationofthe digital content or digital service.

In KraftAmtlicher Text

(1) Where the contract provides that the digital content or the digital service is to be supplied or made accessible to the consumer over a period of time, the trader may modify the digital content or digital service beyond what is necessary to maintain the digital content or digital service in conformity in accordance with regulations 6 and 7, if the following conditions are met:

(a) the contract allows, and provides a valid reason for, such a modification;

(b) such a modification is made without additional cost to the consumer;

(c) the consumer is informed in a clear and comprehensible manner of the modification; and

(d) in the cases referred to in sub-regulation (2), the consumer is informed reasonably in advance on a durable medium of the features and time of the modification, and of the right to terminate the contract in accordance with sub-regulation (2), or of the possibility to maintain the digital content or the digital service without such a modification in accordance with sub-regulation (4).

(2) The consumer shall be entitled to terminate the contract if the modification negatively impacts the consumer’s access to or use of the digital content or the digital service, unless such negative impact is only minor. In that case, the consumer shall be entitled to terminate the contract free of charge within thirty (30) days of the receipt of the information or of the time when the digital content or the digital service has been modified by the trader, whichever is later.

(3) Where the consumer terminates the contract in accordance with sub-regulation (2), regulations 14 to 17 shall apply accordingly.

(4) Sub-regulations (2) and (3) shall not apply if the trader has enabled the consumer to maintain without additional cost the digital content or the digital service without the modification, and the digital content or the digital service remains in conformity.