Are you offering digital products or services?
Then you should know a few key rights and obligations under Emergency Ordinance no. 141/2021. They help you keep your services compliant and your customers properly informed, without any surprises down the line. You’ll find all the details in this quick guide.
How can you protect your business?
(1) Inform and document.
Let’s be real: “protect” might sound too dramatic. It’s more about clear and honest documentation. When both sides know exactly what to expect, there’s no room for misunderstandings or unwarranted claims. In fact, many “complaints” from clients end up being small oversights that could have been avoided with clearer communication.
E.g. If your digital content or service doesn’t work on an outdated device or system, that’s not your fault as long as you told the client in advance.
So make sure you clearly state technical compatibility requirements before signing the contract. If you don’t, standard industry expectations kick in, like what’s usual for similar tools or apps.
A practical example:
Imagine you have a photo editing app that only works on iOS 14 and up. If someone with an old iPhone tries it and it doesn’t work, you’re not responsible if you stated that up front.
Here’s what you should clarify:
- Technical compatibility: what systems and devices work?
- Product purpose and features: what does it actually do?
- The digital environment: does it work on all devices, or just certain ones?
- Info-sharing: if you’re an intermediary like a developer or distributor, you need to make sure this info reaches the final seller who’s in charge of passing it to the end user.
How else can you protect your business?
(2) Communicate and document.
The law doesn’t just look at the relationship with your client. It also checks that your product or service meets general market standards.
To avoid surprises, your contract should clearly cover:
- How and when delivery happens. If you don’t set a delivery time, you’re expected to deliver without undue delay.
- Full product details. Include quantity, quality, functionality, compatibility, and other key features, either in the contract text or as annexes.
- Special use requests. If your client has a specific request that you agree to, write it into the contract as a reference point for compliance.
- Accessories and support. Say what’s included, like manuals or support services, or if these come at an extra cost.
- Updates. Will there be updates? What kind, and for how long?
What if something goes wrong?
Let’s be honest, issues happen. Here’s how the law sees it:
- Late delivery
- The client can cancel the contract. Or you can agree on a new delivery date. It’s helpful to have this flexibility written in the contract.
- Non-compliance
- You have options: fix the problem as long as it’s not impossible or disproportionately expensive, reduce the price, or let the client cancel the contract. If you choose to fix it, you’ve got 15 calendar days from the moment the client told you, no excuses.
- Price reduction
- If fixing it is too costly or doesn’t work, you’re expected to reduce the price proportionally. Sounds simple, but in practice it can get tricky, so stay transparent.
- Minor issues?
- The law says minor problems don’t justify a contract termination. If that’s your argument, you’ll need to prove it.
- Payment suspension
- Your client can stop paying until you sort things out.
- Contract termination
- If the contract ends, you have to refund the client within 14 calendar days, no delays. For subscriptions, you only refund the period where the service wasn’t working properly.
After the contract ends
Your client still has a right to any content they created using your service. You’ll need to provide it without extra cost, even if you deactivate their account.
What about commercial warranties?
They’re not mandatory, but they’re great for building trust. A commercial warranty doesn’t cost the client anything extra and can offer longer coverage or faster fixes.
If you offer one, make it clear, simple, and provide it in a durable format like on paper when you deliver the product.
Compliance isn’t just about avoiding problems.
It’s about building lasting trust. If you’re clear, honest, and proactive, you’ll protect your business and keep clients happy.
Stay informed and confident in your compliance. Reach out to us if you’d like to discuss your digital service obligations further.
