The impact of Directives 2019/770 and 2019/771 in Spain

Abstract

As a result of the transposition of Directive (EU) 2019/770 (DCD), Spain has new provisions concerning contracts for the supply of digital content and digital services. However, the transposition of Directive 2019/771 (SGD) only adapts the sales contract to the changes brought about by technological advances and sustainable consumption. Both European rules have been incorporated into the Texto Refundido de la Ley General de Defensa de los Consumidores y Usuarios (TR-LGDCU) by means of Royal Decree-Law (RDL) 7/2021 of 27 April 2021. The reform broadens the list of definitions, sets out the scope of the new rules (in accordance with the exclusions provided for in the directives) and divides the new articles between, on the one hand, the general part of consumer contracts (Book II, Title I, Chapter I) and, on the other, guarantees and after-sales services (Book II, Title IV, Chapters I-V). No specific book has been created for the new contract for the supply of digital content and digital services. Catalonia has its own norms, which have been incorporated into the Catalan Civil Code (CC Cat), and to which only ad hoc reference will be made here.