OBAVEZA AŽURIRANjA DIGITALNIH ELEMENATA ROBE

Abstract

Unlike the traditional concept of sale, according to which the maintenance of digital elements of the goods could be the subject of a contract of a mixed legal nature or a related contract for the provision of services, a more flexible approach is accepted in modern European (consumer) contract law. Considering the specific requirements related to digital products, a significant innovation, with far-reaching consequences for contractual practice, is notably the inclusion of the update obligation in the notion of conformity. The need for such „dynamization“ is particularly emphasized with regard to security updates. However, the update obligation is not limited to them. In addition to the agreed updates, the seller is obliged to provide updates that are necessary to keep the goods with digital elements in conformity. By adopting the update obligation contributes to curbing the premature (often planned) technological obsolescence of goods with digital elements. This objective requirements for conformity does not impose a disproportionate burden on the seller, as it is subject to the possibility of qualified deviation. Also, in case of omitting to provide the necessary updates, the seller shall be entitled to pursue remedies against the person liable in the chain of transactions. Considering the increased importance of the service component in contracts for the sale of goods in the (increasingly) digitalized world, the update obligation should also apply to relations between business entities.