S.L. 378.20 · Digital Content And Digital Services (S.L. 378.20)
S.L. 378.20 Art. 2Interpretation. Cap. 378.
(1) For the purposes of these regulations, unless the context otherwise requires:
"Act" means the Consumers Affairs Act;
"consumer" means any natural person who, in relation to contracts covered by these regulations, is acting for purposes which are outside that person's trade, business, craft, or profession;
"compatibility" means the ability of the digital content or digital service to function with hardware or software with which digital content or digital services of the same type are normally used, without the need to convert the digital content or digital service;
"digital content" means data which is produced and supplied in digital form;
"digital environment" means hardware, software and any network connection used by the consumer to access or make use of digital content or a digital service;
"digital service" means:
(a) a service that allows the consumer to create, process, store or access data in digital form; or
(b) a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service;
"durable medium" means any instrument which enables the consumer or the trader to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;
"functionality" means the ability of the digital content or digital service to perform its functions having regard to its purpose;
"goods with digital elements" means any tangible movable items that incorporate, or are inter-connected with, digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions;
"integration" means the linking and incorporation of digital content or a digital service with the components of the consumer’s digital environment in order for the digital content or digital service to be used in accordance with the requirements for conformity provided for by these regulations;
"interoperability" means the ability of the digital content or digital service to function with hardware or software different from those with which digital content or digital services of the same type are normally used;
"personal data" means personal data as defined in point
(1) of Article 4 of Regulation (EU) 2016/679;
"price" means money or a digital representation of value that is due in exchange for the supply of digital content or a digital service;
"trader" means any natural or legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft, or profession, in relation to contracts covered by these regulations.
(2) Definitions and expressions used in these regulations shall have the same meaning assigned to them in the Act, and in the case of any conflict between the definitions and expressions in the regulations and in the Act, the definitions and expressions in these regulations shall prevail, limitedly for the purposes of these regulations and to the extent that these regulations apply.