S.L. 378.20 Art. 3Applicability. S.L. 528.03. S.L. 330.07. Cap. 546. Cap. 586. S.L. 586.01. Cap. 415.

(1) These regulations shall apply to any contract where the trader supplies or undertakes to supply digital content or a digital service to the consumer and the consumer pays or undertakes to pay a price.

(2) These regulations shall also apply where the trader supplies or undertakes to supply digital content or a digital service to the consumer, and the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer are exclusively processed by the trader for the purpose of supplying the digital content or digital service in accordance with these regulations or for allowing the trader to comply with legal requirements to which the trader is subject, and the trader does not process that data for any other purpose.

(3) These regulations shall also apply where the digital content or digital service is developed in accordance with the consumer's specifications.

(4) With the exception of regulations 4 and 12, these regulations shall also apply to any tangible medium which serves exclusively as a carrier of digital content.

(5) These regulations shall not apply to digital content or digital services which are incorporated in or inter-connected with goods within the meaning of the definition of "goods with digital elements" in regulation 2, and which are provided with the goods under a sales contract concerning those goods, irrespective of whether such digital content or digital service is supplied by the seller or by a third party. In the event of doubt as to whether the supply of incorporated or inter-connected digital content or an incorporated or inter-connected digital service forms part of the sales contract, the digital content or digital service shall be presumed to be covered by the sales contract.

(6) These regulations shall not apply to contracts regarding:

(a) the provision of services other than digital services, regardless of whether digital forms or means are used by the trader to produce the output of the service or to deliver or transmit it to the consumer;

(b) electronic communications services as defined in point (4) of Article 2 of Directive (EU) 2018/1972, with the exception of number-independent interpersonal communications services as defined in point (7) of Article 2 of that Directive;

(c) healthcare as defined in regulation 2 of the Cross-

Border Healthcare Regulations;

(d) gambling services, namely, services that involve wagering a stake with pecuniary value in games of chance, including those with an element of skill, such as lotteries, casino games, poker games and betting transactions, by electronic means or any other technology for facilitating communication and at the individual request of a recipient of such services;

(e) financial services as defined in regulation 2 of the Distance Selling (Retail Financial Services) Regulations;

(f) software offered by the trader under a free and open-source licence, where the consumer does not pay a price and the personal data provided by the consumer are exclusively processed by the trader for the purpose of improving the security, compatibility or interoperability of that specific software;

(g) the supply of digital content where the digital content is made available to the general public other than by signal transmission as a part of a performance or event, such as digital cinematographic projections;

(h) digital content provided in accordance with the

Re-use of Public Sector Information Act.

(7) Without prejudice to sub-regulation (5), where a single contract between the same trader and the same consumer includes in a bundle elements of supply of digital content or a digital service and elements of the provision of other services or goods, these regulations shall only apply to the elements of the contract concerning the digital content or digital service.

(8) Regulation 18 shall not apply where a bundle within the meaning of Directive (EU) 2018/1972 includes elements of an internet access service as defined in point (2) of Article 2 of Regulation (EU) 2015/2120 of the European Parliament and of the Council or a number-based interpersonal communications service as defined in point (6) of Article 2 of Directive (EU) 2018/1972:

Provided that without prejudice to Article 107(2) of Directive (EU) 2018/1972, the effects that the termination of one element of a bundle contract may have on the other elements of the bundle contract shall be governed by national law.

(9) If any provision of these regulations conflicts with a provision of a European Union act governing a specific sector or subject matter, the provision of that other European Union act shall take precedence over the provisions of these regulations.

(10) European Union law on the protection of personal data shall apply to any personal data processed in connection with the contracts referred to in sub-regulation (2). In particular, these regulations shall be without prejudice to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), the Data Protection

Act and the Processing of Personal Data (Electronic Communications Sector) Regulations. In the event of conflict between the provisions of these regulations and European Union law on the protection of personal data, the latter prevails.

(11) These regulations shall be without prejudice to any other applicable law on copyright and related rights, including the Copyright

Act and any regulations made thereunder.

(12) The provisions of these regulations shall apply to the supply of digital content or digital services which occurs from 1 January 2022 with the exceptions of regulations 18 and 19 which shall only apply to contracts concluded from that date.