
Public audience as part of an artistic performance or event
This section provides that Title 7.1AA BW does not apply to digital content or a digital service provided to a public audience as part of an artistic performance or other event, such as a digital film screening or audiovisual theater performance. This Title does apply to digital content or a digital service provided to a public audience through the transmission of signals, such as digital television services (Recital 31 of the Directive).
(Delivery of digital content by government bodies)
Directive (EC) 2003/98 70establishes a minimum set of rules for the re-use and the correct means to simplify existing documents in the possession of the Netherlands, its local authorities, institutions under public law and associations formed by one or more of these bodies or one or more of these public-law institutions. In practice, a lot of government information is reused. For example, court decisions, free of copyright, can be reused directly (Article 11 of the Copyright Act). These statements are often directly accessible via the internet.
Paragraph 4
Digital content or digital services are often combined with the delivery of goods or other services and are offered to the consumer within one agreement in a bundle of different elements. In that case, there is a bundle agreement, which is covered by paragraph 4. For example, offering digital television and the purchase of electronic equipment or the purchase of a smartphone with a telephone subscription and internet access. In such cases, the contract between the consumer and the trader contains elements of a contract for the supply of digital content or digital services, but also elements of other types of contract,
Title 7.1AA of the Dutch Civil Code applies exclusively to the elements of the total agreement that consist of the supply of digital content or digital services (Article 7:50ab paragraph 2 of the Dutch Civil Code). In the second sentence of paragraph 4, reference is made to Article 7:50al of the Dutch Civil Code, which deals with the possibilities a trader has to make changes to digital content or a digital service that go beyond what is necessary to answer the digital service. or digital content to the agreement. Article 7:50al of the Dutch Civil Code does not apply if a bundle agreement includes elements of a number-based interpersonal communication service, for example a mobile or fixed telephone number derecho al olvido ley. Such a service is an interpersonal communication service that connects to publicly allocated numbering resources, namely a number or numbers in national or international numbering plans, or which enables communication with a number or numbers in national or international numbering plans (Article 2, section 6, Directive (EU) 2018/1972). Article 7:50al BW also does not apply if the bundle agreement includes an internet access service, as defined in Article 2, part 2, of Regulation (EU) 2015/2120 namely a number or a number of numbers in national or international numbering plans, or which allows communication with a number or a number of numbers in national or international numbering plans (Article 2(6), Directive (EU) 2018/1972). Article 7:50al BW also does not apply if the bundle agreement includes an internet access service, as defined in Article 2, part 2, of Regulation (EU) 2015/2120 namely a number or a number of numbers in national or international numbering plans, or which allows communication with a number or a number of numbers in national or international numbering plans (Article 2(6), Directive (EU) 2018/1972). Article 7:50al BW also does not apply if the bundle agreement includes an internet access service, as defined in Article 2, part 2, of Regulation (EU) 2015/212071. In that article, 'internet access service' is defined as: a public electronic communications service that provides access to the internet and therefore connectivity to virtually all endpoints of the internet, irrespective of the network technology and terminal equipment used. Without prejudice to Article 107, second paragraph, of Directive (EU) 2018/1972, the consequences that the termination of one element of a bundle agreement may have on the other elements of the bundle agreement are subject to national law. This article provides that if a consumer has the right to cancel part of the bundle agreement before the end of the agreed contract term due to non-conformity or default of delivery.