Juanita Goicovici, PhD
Assistant Professor, University Babeș-Bolyai of Cluj-Napoca Law Faculty, Romania

Unilateral termination and adjustment of the business to consumer contract in the perimeter of digital content continuously raises new questions for legal practitioners. The study approaches the intricacies inherent to the consumer’s right to seek the judicial termination of the modified contract, in the case of the unilateral adjustment of the contract for the supply of the digital content by the seller. According to Article 19, para. 2 of Directive (EU) 2019/770, the termination of the contract remains open to the consumer, who is entitled to terminate the contract in the circumstances when the unilateral alteration of the contractual terms negatively impacts the consumer’s access to or use of the digital content, unless such negative impact remains to have only minor repercussions for him/her. Our analysis insists on the fact that in the case of a minor lack of conformity, the consumer’s request for the termination of the contract is legally unacceptable. On the other hand, in cases in which the impact of the unilateral modification significantly affects the consumer’s rights, the consumer is entitled to terminate the contract in a non-onerous manner within 30 days of the time when the digital content has been modified. We argue that the consumer’s anticipatory renunciation of the right to termination of contract represents unfair terms, as are the contractual clauses which are imposing the consumer’s unilateral adjustment relating to the supply of digital content.

Keywords: consumer, digital products, termination of contract, unilateral adjustment.

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