LAW OF THE REPUBLIC OF MOLDOVA

of November 8, 2024 No. 247

About delivery agreements of digital content and digital services

The parliament adopts this organic law.

This law shifts the Directive (EU) 2019/770 European parliament and Council of May 20, 2019 about some aspects concerning delivery agreements of digital content and digital services published in the Official magazine of the European Union by L 136 of May 22, 2019, CELEX: 32019L0770.

Chapter I. General provisions

Article 1. Subject of regulation and purpose of this law

(1) This law establishes some aspects concerning contracts between businessmen and consumers whose subject is delivery of digital content or digital services, for the purpose of ensuring high level of consumer protection and proper functioning of the domestic market.

(2) This law establishes regulations in the relation:

a) compliance of digital content or digital service to the delivery agreement of digital content or digital service;

b) the adjusting measures in case of discrepancy or failure to deliver, and also concerning methods of realization of these measures;

c) changes of digital content or digital service.

Article 2. Basic concepts

For the purposes of this law the used concepts have the following value:

product with digital elements - any personal material estate containing (including) or interconnected with digital content or digital service in such a way that in the absence of the corresponding digital content or digital service the property cannot perform the functions;

the businessman - in the value determined in Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

compatibility - capability of digital content or digital service to function with hardware or program components which are usually used for digital content or digital services of the same type, without the need for transformation of digital content or digital service;

the consumer - in the value determined in Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

digital content - in the value determined in Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

personal data - in the value determined in Article 3 of the Marine life protection act of personal data No. 133/2011;

functionality - capability of digital content or digital service to perform the functions taking into account their appointment;

integration - creation of communication between digital content or digital service and components of the digital circle of the consumer and inclusion in them of digital content or digital service so that digital content or digital service could be used according to the requirements about compliance provided by this law;

interoperability - capability of digital content or digital service to function with hardware or program components, other than those which are usually used for digital content or digital services of the same type;

the digital circle - the hardware components, the software and any network connection applied by the consumer to access or use of digital content or digital service;

the price - the money or digital representation of cost which are due in exchange for delivery of digital content or digital services;

digital service - in the value determined in Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

the durable carrier - in the value determined in Article 1 of the Marine life protection act of the rights of consumers No. 105/2003.

Article 3. Scope

(1) Provisions of this law are applied:

a) to any agreement under which the businessman delivers or shall deliver to the consumer digital content or digital service and the consumer pays or shall pay determined price;

b) if the businessman delivers or shall deliver digital content or digital service to the consumer, and the consumer provides or shall provide personal data to the businessman, except for case when the personal data provided by the consumer are processed only by the businessman for the purpose of delivery of digital content or digital service according to this law or in order that the businessman could fulfill requirements of the legislation which extend to it, and the businessman does not process such data for any other purposes;

c) if digital content or digital service are developed according to specifications of the consumer;

d) to any material carrier which serves only as the carrier of digital content, except for provisions of Articles 4 and 12.

(2) Provisions of this law are not applied to agreements, connected:

a) with the digital content or digital services included in products or interconnected with them in value of the concept "product with digital elements" and delivered together with products according to the purchase and sale agreement relating to the corresponding products regulated by the Marine life protection act of the rights of consumers No. 105/2003, irrespective of whether this digital content or digital service by the seller or the third party is delivered;

b) with provision of other services, except digital services, irrespective of whether the businessman uses digital formats or means for creation of result of service or for its delivery or transfer to the consumer;

c) with services of electronic communications as it is determined in article 2 of the Law on electronic communications No. 241/2007, except for of the services of interpersonal communication which are not based on numbers;

d) with cross-border medical care;

e) with services of gamblings, namely any service providing cash rates including gamblings with elements of games of dexterity, such as lotteries, games in the casino, poker and bets which are carried out electronically or by means of any other type of the technology promoting communication and for individual request of the receiver of such services;

f) with the consumer financial services provided at distance as it is determined in article 3 of the Law on the conclusion and execution of agreements at distance on consumer financial services No. 157/2014;

g) with the software provided by the businessman on the basis of the free license and with open source code when the consumer does not pay the price, and personal data provided by the consumer are processed only by the businessman for the purpose of increase in safety, compatibility or interoperability of the corresponding software;

h) with delivery of digital content when it is made available to general public differently, than by signal transmission within representation or action, for example to digital cinema;

i) with the digital content delivered according to the Law on reuse of information of the public sector No. 305/2012.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info