5 Amendments of Inese VAIDERE related to 2015/0287(COD)
Amendment 332 #
Proposal for a directive
Recital 43
Recital 43
(43) Due to its nature the digital content is not subject to wear and tear while being used and it is often supplied over a period of time rather than as a one-off supply. It is, tTherefore, justified not to provide a period during whichin cases where the contract provides for a single act of supply the supplier shouldall be held liable for anywhere the lack of conformity which exists atbecomes apparent within two years as from the time of the supply of the digital content. Consequently Member States should refrain from maintaining or introducing such a period. Member States should remain free to rely on national prescription rules in order to ensure legal certainty in relation to claims based on the lack of conformity of digital. In cases where the contract provides for more than one act of supply or for continuous supply, the supplier shall be held liable for any lack of conformity that becomes apparent during the duration of the contenract.
Amendment 456 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter- performance other than money in the form of personal data or any other data.
Amendment 684 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
In cases where the contract provides for a single act of supply, the supplier shall be held liable under Article 12 where the lack of conformity becomes apparent within two years as from the time of supply. In cases where the contract provides for a continuous supply, the supplier shall be held liable under Article 12 for any lack of conformity that becomes apparent during the duration of the contract.
Amendment 976 #
Proposal for a directive
Article 20 – title
Article 20 – title
Amendments to Directive 1999/44/EC, Regulation (EC) No 2006/2004, Directive 2009/22/EC, Directive 2011/83/EU
Amendment 981 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)