Published on October 18^th, 2021, the Decree-Law 84/2021 regulates consumer rights regarding the sale of goods and the acquisition of digital content and services. This new legal framework results from the transposition of Directives (EU) 2019/771 and (EU) 2019/770 of the European Parliament and of the Council of May 20, 2019, concerning certain aspects of contracts for the purchase and sale of goods, as well as aspects relating to the supply of digital content and services, respectively.

The diploma establishes the consumers rights in case of lack of conformity, which can be assessed through a set of objective and subjective requirements. Consequently, the consumer is entitled to “remedy the lack of conformity” by repairing or replacement of the good, a price reduction and termination of the contract. 

Considering the growing digital market, the notion of “goods” is extended to include the sale of goods with embedded digital elements.

When the lack of conformity becomes apparent within the first 30 days, the consumer may request the immediate replacement of the good or termination of the contract, being exempt of meeting specific requirements. 

This Decree also provides a variety of new time limits for trader’s liability, namely a period of 3 years for movable goods, of 10 years for immovable property when regarding a structural defect and of 2 years for digital content and services, except in the cases of continued service agreements. In these situations, the trader’s liability depends directly upon the contract duration. Additionally, it establishes an obligation to provide spare parts for a period of 10 years and a duty of care concerning goods subject to registration. 

The diploma also sets out the requirements for joint liability of the online marketplace provider and the professional in case of lack of conformity of digital goods, content, or services.

This Decree-Law repeals articles 9º-B and 9º-C of Law 24/96 and revokes Decree-Law 67/2003, entering into force on January 1^st, 2022.