Free apps: the federal government is serious
Consumer contracts for digital products and services are a gray area: In German contract law there are currently no special provisions for consumer contracts. In a draft law, the federal government is proposing improvements – also for the use of free apps.
Government wants to improve the purchase of software, apps and e-books for customers
When it comes to “shopping on the well-known online marketplaces”, the federal government wants to strengthen the rights of customers when buying software, apps or e-books in a new draft law. In this way, the aim is to close a gap in German contract law that affects such products. The new law is scheduled to come into force at the beginning of 2022 and, in the interests of harmonization, takes up provisions that have already been passed in other EU member states.
“At the core of the new regulation, the company’s obligation to provide faultless performance is regulated in particular. In the future, consumers will receive comprehensive warranty rights, as previously only known in German law for purchase, work and rental contracts, ”writes the federal government on its website. In the event of a defect in the digital product, the consumer is entitled to have the defect rectified, for example by repairing it or making it available again. In addition, there is both the right to terminate the contract and the right to a reduction in price, the explanation of the draft continues. On the Website you can also see which digital goods the new law is supposed to cover – for example free apps that cost no money, but for which you “pay” with your data in many cases.
These apps belong on every smartphone:
Update obligation is coming
“What is also new is the obligation to have updates – that is, those that maintain their functions Updates and securityupdates – must be provided by the company so that the digital products remain in accordance with the contract, ”writes the federal government on the new draft law. Federal Consumer Protection Minister Christina Lambrecht (SPD) sums up: “If software is faulty or an app does not work properly, the customer has the same rights as when buying any other product.” How the innovation will actually affect consumers remains to be seen.
