Consumer Protection in Contracts for the Supply of Digital Content and Digital Services - An Analysis of Turkish Law in Light of the EU Directive 2019/770

Compared to subjective requirements, the list of objective requirements is longer…

“(a) be fit for the purposes for which digital content or digital services of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;…

(b) be of the quantity and possess the qualities and performance features, including in relation to functionality, compatibility, accessibility, continuity and security, normal for digital content or digital services of the same type and which the consumer may reasonably expect, given the nature of the digital content or digital service and taking into account any public statement made by or on behalf of the trader, or other persons in previous links of the chain of transactions, particularly in advertising or on labelling unless the trader shows that:…

(i) the trader was not, and could not reasonably have been, aware of the public statement in question;…

(ii) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or…

(iii) the decision to acquire the digital content or digital service could not have been influenced by the public statement;…

(c) where applicable, be supplied along with any accessories and instructions which the consumer may reasonably expect to receive; and…

(d) comply with any trial version or preview of the digital content or digital service, made available by the trader before the conclusion of the contract”.…

The DCD Art. 8(2) and Art. 8(3) further regulate the objective requirements concerning…