Copyright and E-commerce legislation published in Official Journal

May 28, 2019

The legislation includes the Digital Copyright Directive 2019/790/EU. It will enter into force on the twentieth day following its publication in the Official Journal, that is, on 6 June 2019. The Directive will begin to apply for all works and other subject matter that are protected by national law in the field of copyright on or after 7 June 2021. Member states are required to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 7 June 2021.

In addition, the following directives have been published: Directive 2019/770/EU on contracts for the supply of digital content and digital services; and Directive 2019/771/EU on contracts for the sale of goods.

The directives will enter into force on the twentieth day following the date of their publication in the Official Journal (11 June 2019), although Article 22 of the Goods Directive will not come into force until 1 January 2022. Member states have until 1 July 2021 to adopt and publish domestic legislation implementing the directives and must apply that legislation:

  • For digital content and digital services supplied from 1 January 2022, regardless of when the relevant contract was formed. There are two exceptions to this: the rules on modification of the digital content or digital service, and a trader’s right to pursue suppliers higher in the commercial chain for non-conformities, will only apply to contracts concluded from 1 January 2022.
  • For goods supplied under contracts concluded from 1 January 2022.