B 3469
L.N. 406 of 2021
CONSUMER AFFAIRS ACT
(CAP.378)
 Digital Content and Digital Serv ices Contracts Regulations, 20 21
IN EXERCISE of the powers c onferred by article 7 of the
Consumer Affairs Act, the Minister responsible for consumer aff airs,
after consultation with the Consum er Affairs Council, has made the
following regulations: -
Citation, 
commencement 
and scope. 1. (1) The title of these regula tions is the Digital Content
and Digital Services Contr acts Regulations, 2021.
(2) These regulations shall co me into force on 1st January
2022.
(3) The scope of these regulations is to transpose and
implement Directive (EU) 2019/770 of the European Parliament an d
of the Council of 20th May 2019 on certain aspects concerning
contracts for the supply of digital content and digital service s, which
lays down common rules on certai n requirements concerning contr acts
between traders and consumers for the supply of digital content  o r
digital service, in particular, rules on:
(i) the conformity of digital content or a digital service
with the contract; 
(ii) remedies in the event of a lack of such conformity or
a failure to supply and the modalities for the exercise of thos e
remedies; and
(iii) the modification of digital  content or a digital service. 
Interpretation. 2. (1) For the purposes of these regulations, unless the
context otherwise requires:
Cap. 378. "Act" means the Consumers Affairs Act;
"consumer" means any natural person who, in relation to
contracts covered by these regul ations, is acting for purposes
which are outside that person's trade, business, craft, or
profession;
"compatibility" means the ability of the digital content or
digital service to function with h ardware or software with whic h
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digital content or digital servi ces of the same type are normal ly
used, without the need to convert the digital content or digita l
service;
"digital content" means da ta which is produced and
supplied in digital form;
"digital environment" means hardware, software and any
network connection used by the consumer to access or make use
of digital content or a digital service;
"digital service" means:
(a) a service that allows the consumer to create,
process, store or access data in digital form; or
(b) a service that allows the sharing of or any other
interaction with data in digita l form uploaded or created by
the consumer or other users of that service;
"durable medium" means any instrument which enables the
consumer or the trader to store information addressed personall y
to that person in a way that is accessible for future reference , for
a period of time adequate for the purposes of the information a nd
which allows the unchanged reproduction of the information
stored;
"functionality" means the ability of the digital content or
digital service to perform its functions having regard to itspurpose;
"goods with digital elements" means any tangible movable
items that incorporate, or are inter-connected with, digitalcontent or a digital service in such a way that the absence of that
digital content or digital service would prevent the goods from
performing their functions;
"integration" means the linking and incorporation of digital
content or a digital service with the components of theconsumer’s digital environment in  order for the digital content or
digital service to be used in accordance with the requirements for
conformity provided for by these regulations;
"interoperability" me ans the ability of t he digital content or
digital service to function with h ardware or software different
from those with which digital c ontent or digital services of th e
same type are normally used;
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"personal data" means personal data as defined in point (1)
of Article 4 of Regulation (EU) 2016/679;
"price" means money or a digit al representation of value
that is due in exchange for the  supply of digital content or a
digital service;
"trader" means any natural or l egal person, irrespective of
whether privately or publicly o wned, that is acting, including
through any other person acting in that natural or legal person's
name or on that person's behalf, for purposes relating to that
person's trade, business, craft, or profession, in relation to
contracts covered by t hese regulations.
(2) Definitions and expressions used in these regulations
shall have the same meaning assigned to them in the Act, and inthe case of any conflict between the definitions and expression s
in the regulations and in the Act, the definitions and expressions
in these regulations shall prev ail, limitedly for the purposes of
these regulations and to the extent that these regulations appl y.
Applicability. 3. (1) These regulations shall apply to any contract where
the trader supplies or undertakes  to supply digital content or a digital
service to the consumer and the consumer pays or undertakes to pay a
price.
(2) These regulations shall als o apply where the trader supplie s
or undertakes to supply digital content or a digital service to  t h e
consumer, and the consumer provides or undertakes to providepersonal data to the trader, ex cept where the personal data pro vided by
the consumer are exclusively processed by the trader for the pu rpose of
supplying the digital content or digital service in accordance with
these regulations or for allowing the trader to comply with leg al
requirements to which the trade r is subject, and the trader doe s not
process that data for any other purpose.
(3) These regulations shall also apply where the digital conten t
or digital service is developed in accordance with the consumer 's
specifications.
(4) With the exception of regulations 4 and 12, these
regulations shall also apply to a ny tangible medium which serve s
exclusively as a carrie r of digital content.
(5) These regulations shall not apply to digital content or
digital services which are incorporated in or inter-connected w ith
goods within the meaning of the definition of "goods with digit al
elements" in regulation 2, and which are provided with the good s
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under a sales contract concerning  those goods, irrespective of whether
such digital content or digital service is supplied by the seller or by a
third party. In the event of doubt as to whether the supply of
incorporated or inter-connected d igital content or an incorpora ted or
i n t e r - c o n n e c t e d  d i g i t a l  s e r v i c e  f o r m s  p a r t  o f  t h e  s a l e s  c o n t r a c t, the
digital content or digital service shall be presumed to be cove red by
the sales contract.
(6) These regulations shall not  apply to contracts regarding:
(a) the provision of services other than digital services,
regardless of whether digital f orms or means are used by the
trader to produce the output of the service or to deliver ortransmit it to the consumer;
(b) electronic communicati ons services as defined in
point (4) of Article 2 of D irective (EU) 2018/1972, with the
exception of number-independent interpersonal communications
services as defined in point (7)  of Article 2 of that Directive;
S.L. 528.03.(c) healthcare as defined in regulation 2 of the Cross-
Border Healthcare Regulations; 
(d) gambling services, namely, services that involve
wagering a stake with pecuniary value in games of chance,
including those with an element of skill, such as lotteries, ca sino
games, poker games and betting transactions, by electronicmeans or any other technology for facilitating communicationand at the individual request of  a recipient of such services;
S.L. 330.07.(e) financial services as defined in regulation 2 of the
Distance Selling (Retail Financial Services) Regulations; 
(f) software offered by the trader under a free and open-
source licence, where the consumer does not pay a price and thepersonal data provided by the consumer are exclusively
processed by the trader for the purpose of improving the securi ty,
compatibility or interoperability of that specific software;
(g) the supply of digital conten t where the digital content
is made available to the general public other than by signal
transmission as a part of a performance or event, such as digit al
cinematographic projections;
Cap. 546. (h) digital content provided in accordance with the Re-
use of Public Sector Information Act.
(7) Without prejudice to sub-regulation (5), where a single
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contract between the same trader  and the same consumer includes  in a
bundle elements of supply of digital content or a digital servi ce and
elements of the provision of other services or goods, these reg ulations
shall only apply to the elements of the contract concerning the  digital
content or digital service.
(8) Regulation 18 shall not apply where a bundle within the
meaning of Directive (EU) 2018/1972 includes elements of an int ernet
access service as defined in point (2) of Article 2 of Regulati on (EU)
2015/2120 of the European Parliam ent and of the Council or a
number-based interpersonal communications service as defined in
point (6) of Article 2 of Directive (EU) 2018/1972:
Provided that without prejudice to Article 107(2) of
Directive (EU) 2018/1972, the effects that the termination of oneelement of a bundle contract may have on the other elements of the
bundle contract shall be governed by national law.
(9) If any provision of these regulations conflicts with a
provision of a European Union act governing a specific sector orsubject matter, the provision o f that other European Union act shall
take precedence over the provisions of these regulations.
Cap. 586.
S.L. 586.01.(10) European Union law on the protection of personal data
shall apply to any personal data processed in connection with the
contracts referred to in sub-regul ation (2). In particular, the se
regulations shall be without pre judice to Regulation (EU) 2016/679 of
the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal
data and on the free movement of such data, and repealing Direc tive
95/46/EC (General Data Protecti on Regulation), the Data Protect ion
Act and the Processing of Persona l Data (Electronic Communicati ons
Sector) Regulations. In the event of conflict between the provi sions of
these regulations and European Union law on the protection ofpersonal data, the latter prevails. 
Cap. 415.(11) These regulations shall be without prejudice to any other
applicable law on copyright and related rights, including the Copyright
Act and any regulations made thereunder.
(12) The provisions of these regulations shall apply to the
supply of digital content or dig ital services which occurs from  1
January 2022 with the exceptions of regulations 18 and 19 which  shall
only apply to contracts concluded from that date. 
Supply of 
digital content 
or digital 
service.4. (1) The trader shall supply th e digital content or digital
service to the consumer. Unless the parties have agreed otherwise, the
trader shall supply the digital c ontent or digital service with out undue
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delay after the conclusion of the contract. 
(2) The trader shall have complied with the obligation to
supply when:
(a) the digital content or any means suitable for
accessing or downloading the digital content is made available or
accessible to the consumer, or to a physical or virtual facilit y
chosen by the consumer for that purpose;
(b) the digital service is m ade accessible to the consumer
or to a physical or virtual facility chosen by the consumer for  that
purpose.
Conformity of 
the digital 
content or 
digital service.5. The trader shall supply to the consumer digital content or a
digital service that meets the r equirements set out in regulations 6, 7
and 8, where applicable, wit hout prejudice to regulation 9.
Subjective requirements for 
conformity.6. In order to conform with the contract, the digital content or
digital service shall, in pa rticular, where applicable:
(a) be of the description, quantity and quality, and
possess the functionality, compatibility, interoperability and
other features, as re quired by the contract;
(b) be fit for any particular purpose for which the
consumer requires it and which the consumer made known to thetrader at the latest at the time of the conclusion of the contr act,
and in respect of which the trade r has given hi s acceptance;
(c) be supplied with all accessories, instructions,
including on installation, and cu stomer assistance as required by
the contract; and
(d) be updated as stipulated in the contract.
Objective 
requirements for 
conformity.7. (1) In addition to complying with any subjective
requirement for conformity, the digital content or digital serv ice shall:
(a)  be fit for the purposes for which digital content or
digital services of the same type would normally be used, takin g
into account, where applicable, any existing Union and national
law, technical standards or, in  the absence of such technical
standards, applicable sector-specific industry codes of conduct ;
(b) be of the quantity and possess the qualities and
performance features, including in relation to functionality,
compatibility, accessibility, c ontinuity and security, normal f or
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digital content or digital services of the same type and which the
consumer may reasonably expect, given the nature of the digital
content or digital service and taking into account any publicstatement made by or on behalf o f the trader, or other persons in
previous links of the chain of  transactions, particularly in
advertising or on labelling unless the trader shows that:
(i) the trader was not, and could not reasonably
have been, aware of the public statement in question;
(ii) by the time of conclu sion of the contract, the
public statement had been corrected in the same way as, orin a way comparable to how, it had been made; or
(iii) the decision to acqui re the digital content or
digital service could not have been influenced by the publicstatement;
(c) where applicable, be supplied along with any
accessories and instructions whi ch the consumer may reasonably
expect to receive; and
(d) comply with any trial version or preview of the
digital content or digital service, made available by the trade r
before the conclusion of the contract.
(2) The trader shall ensure that the consumer is informed of
and supplied with updates, including security updates, that are
necessary to keep the digital cont ent or digital service in con formity,
for the period of time: 
(a) during which the digital content or digital service is
to be supplied under the contract, where the contract provides for
a continuous supply over a period of time; or
(b) that the consumer may rea sonably expect, given the
type and purpose of the digital content or digital service andtaking into account the circumsta nces and nature of the contract,
where the contract provides for a single act of supply or a ser ies
of individual acts of supply.
(3) Where the consumer fails to install, within a reasonable
time, updates supplied by the trad er in accordance with sub-reg ulation
(2), the trader shall not be lia ble for any lack of conformity resulting
solely from the lack of the  relevant update, provided that:
(a) the trader informed the consumer about the
availability of the update and the consequences of the failure of
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the consumer to install it; and
(b) the failure of the consumer to install or the incorrect
installation by the consumer o f the update was not due to
shortcomings in the installation instructions provided by the
trader.
(4) Where the contract provi des for a continuous supply of
digital content or digital ser vice over a period of time, the d igital
content or digital service shall be in conformity throughout th e
duration of that period.
(5) There shall be no lack of c onformity within the meaning of
sub-regulation (1) or (2) if, at the time of the conclusion of the
contract, the consumer was specifically informed that a particu lar
characteristic of the digital c ontent or digital service was de viating
from the objective requirements for conformity laid down in sub -
regulation (1) or (2) and the consumer expressly and separatelyaccepted that deviation when concluding the contract.
(6) Unless the parties have agreed otherwise, digital content o r
a digital service shall be supplied in the most recent version availableat the time of the conclusion of the contract.
Incorrect 
integration of 
the digital 
content or digital service.8. Any lack of conformity resulting from the incorrect
integration of the digital conten t or digital service into the consumer's
digital environment shall be reg arded as lack of conformity of the
digital content or digital service if:
(a) the digital content or digital service was integrated by
the trader or under the trader's responsibility; or
(b) the digital content or digital service was intended to
be integrated by the consumer a nd the incorrect integration was
due to shortcomings in the integration instructions provided by
the trader.
Third party 
rights.9. Where a restriction resulting from a violation of any right
of a third party, in particular intellectual property rights, p revents or
limits the use of the digital c ontent or digital service in accordance
with regulations 6 and 7, the cons umer shall be entitled to the  remedies
for lack of conformi ty under regulation 13.
Liability of the 
trader.10. (1) The trader shall be liable for any failure to supply the
digital content or digital service in accordance with regulation 4.
(2) Where a contract provides for a single act of supply or a
series of individual acts of supply, the trader shall be liable  f o r  a n y
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lack of conformity under regulations 6, 7 and 8 which exists at  the time
of supply, without prejudice to point (b) of regulation 7(2):
Provided that the trader shall only be liable for any lack of
conformity that becomes apparent within two years from the time  of
supply, without prejudice to point (b) of regulation 7(2).
(3) Where the contract provides for continuous supply over a
period of time, the trader shall be liable for a lack of confor mity under
regulations 6, 7 and 8, that occ urs or becomes apparent within the
period of time during which the di gital content or digital serv ice is to
be supplied under the contract.
Burden of proof. 11. (1) The burden of proof with re gard to whether the digital
content or digital service was supplied in accordance with regu lation 4
shall be on the trader.
(2) In cases referred to in re gulation 10(2), the burden of proof
with regard to whether the supplied digital content or digital service
was in conformity at the time of supply shall be on the trader for a lack
of conformity which becomes appa rent within a period of one yea r
from the time when the digital content or digital service was s upplied.
(3) In cases referred to in re gulation 10(3), the burden of proof
with regard to whether the digital content or digital service w as in
conformity within the period of t ime during which the digital content
or digital service is to be supplied under the contract shall b e on the
trader for a lack of conformity which becomes apparent within t hat
period.
(4) Sub-regulations (2) and (3) shall not apply w here the trader
demonstrates that the digital environment of the consumer is no t
compatible with the technical requirements of the digital conte nt or
digital service and where the tr ader informed the consumer of s uch
requirements in a clear and com prehensible manner before the
conclusion of the contract.
(5) The consumer shall co-operate  with the trader, to the extent
reasonably possible and necessary , to ascertain whether the cau se of
the lack of conformity of the dig ital content or digital servic e at the
time specified in regulation 10(2) or (3), as applicable, lay i n the
consumer’s digital environment. The obligation to co-operate sh all be
limited to the technically available means which are least intr usive for
the consumer. Where the consumer  fails to cooperate, and where the
trader informed the consumer of such requirement in a clear and
comprehensible manner before the conclusion of the contract, th e
burden of proof with regard to wh ether the lack of conformity e xisted
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at the time specified in regulation 10(2) or (3), as applicable , shall be
on the consumer.
Remedy for 
failure to supply.12. (1) Where the trader has failed to supply the digital
content or digital service in accordance with regulation 4, the
consumer shall call upon the trad er to supply the digital conte nt or
digital service. If the trader then fails to supply the digital  content or
digital service without undue del ay, or within an additional pe riod of
time, as expressly agreed to by the parties, the consumer shall  b e
entitled to terminate the contract.
(2) Sub-regulation (1) shall not  apply, and the consumer shall
be entitled to terminate the contract immediately, where:
(a) the trader has declared, or it is equally clear from the
circumstances, that the trader will not supply the digital cont ent
or digital service;
(b) the consumer and the trader have agreed, or it is clear
from the circumstances in whic h the contract was concluded,
that a specific time for the supply is essential for the consum er
and the trader fails to supply the digital content or the digit al
service by or at that time.
(3) Where the consumer termin ates the contract under sub-
regulation (1) or (2), regulations 14 to 17 shall apply accordi ngly.
Remedies for 
lack of 
conformity.13. (1) In the case of lack of conformity, the consumer shall be
entitled to have the digital content or digital service brought  i n t o
conformity, to receive a propor tionate reduction in the price, or to
terminate the contract, under the conditions set out in this re gulation.
(2) The consumer shall be entitle d to have the digital content or
the digital service brought into conformity, unless this would be
impossible or would impose costs on the trader that would bedisproportionate, taking into account all the circumstances of the case,
including:
(a) the value the digital content or the digital service
would have if there was  no lack of conformity; and
(b) the significance of the lack of conformity.
(3) The trader shall bring the digital content or digital servi ce
into conformity pursuant to sub- regulation (2) within a reasona ble time
from the time that the trader has been informed by the consumer about
the lack of conformity, free of charge and without any signific ant
inconvenience to the consumer, taking account of the nature of the
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digital content or dig ital service and the purpose for which th e
consumer required the digital content or the digital service.
(4) The consumer shall be entitled to either a proportionate
reduction of the price in accordance with sub-regulation (5) wh ere the
digital content or the digital  service is supplied in exchange for a
payment of a price, or the termination of the contract in accor dance
with sub-regulation (6), in any of the following cases:
(a) the remedy to bring the digital content or the digital
service into conformity is im possible or disproportionate in
accordance with sub-regulation (2);
 (b) the trader has not brought the digital content or the
digital service into conformity in accordance with sub-regulati on
(3);
(c) a lack of conformity appears despite the trader’s
attempt to bring the digital content or the digital service in
conformity;
(d) the lack of conformity is of such a serious nature as to
justify an immediate price reduction or the immediatetermination of the contract; or
(e) the trader has declare d, or it is clear from the
circumstances, that the trader w ill not bring the digital conte nt or
the digital service into conformi ty within a reasonable time, o r
without significant inconven ience for the consumer.
(5) The reduction in price shall be proportionate to the
decrease in the value of the digi tal content or the digital ser vice which
was supplied to the consumer compared to the value that the dig ital
content or the digital service would have if it was in conformi ty:
Provided that where the contract stipulates that the digital
content or the digital service shall be supplied over a period of time in
exchange for the payment of a price, the reduction in price sha ll apply
to the period of time during which the digital content or the digital
service was not in conformity.
(6) Where the digital content or the digital service is supplie d
in exchange for the payment of a price, the consumer shall be entitledto terminate the contract only if the lack of conformity is not  minor.
The burden of proof with regard to whether the lack of conformity is
minor shall be on the trader.
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Exercise of the 
right of 
termination.14. The consumer shall exercise t he right to terminate the
contract by means of a statement  to the trader expressing the d ecision
to terminate the contract.
Obligations of 
the trader in the 
event of termination.15. (1) In the event of terminati on of the contract, the trader
shall reimburse the consumer for all sums paid in terms of  the
contract:
Provided that, in cases where the contract provides for the
supply of the digital content or the digital service in exchang e for a
payment of a price and over a period of tim e, and the digital c ontent or
the digital service had been in conformity for a period of time prior to
the termination of the contract, the trader shall reimburse the consumer
only for the proportionate part of the price paid corresponding  to the
period of time during which the digital content or digital serv ice was
not in conformity, and any part o f the price paid by the consum er in
advance for any period of the contract that would have remained  had
the contract not been terminated.
Cap.586.(2) In respect of personal data of the consumer, the trader sha ll
comply with the obligations applicable in terms of  Regulation (EU)
2016/679 of the European Parliament and of the Council of 27 April2016 on the protection of natural persons with regard to the pr ocessing
of personal data and on the free movement of such data, and rep ealing
Directive 95/46/EC (Ge neral Data Protecti on Regulation) and the  Data
Protection Act. 
(3) The trader shall refrain from using any content other than
personal data, which was provided or created by the consumer wh en
using the digital content or t he digital service supplied by th e trader,
except where such content:
(a) has no utility outside the context of the digital content
or the digital service supplied by the trader;
(b) only relates to the consumer's activity when using the
digital content or the digita l service supplied by the trader;
(c) has been aggregated with other data by the trader and
cannot be disaggregated or only w ith disproportionate efforts; or
(d) has been generated jointly by the consumer and
others, and other consumers are able to continue to make use of
the content.
(4) Except in the situations referred to in paragraphs (a), (b)  or
(c) of sub-regulation (3), the trader shall, at the request of the
consumer, make available to the consumer any content other than
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personal data, which was provided or created by the consumer wh en
using the digital content or t he digital service supplied by th e trader.
The consumer shall be entitled to retrieve that digital content  free of
charge, without hindrance from the trader, within a reasonable time
and in a commonly used and machine-readable format.
(5) The trader may prevent any further use of the digital
content or the digital service by the consumer, in particular b y making
the digital content or digital service inaccessible to the cons umer or
disabling the user account of th e consumer, without prejudice t o sub-
regulation (4).
Obligations of 
the consumer in 
the event of 
termination.16. (1) After the termination of  the contract, the consumer
shall refrain from using the digi tal content or digital service  and from
making it available to third parties.
(2) Where the digital content was supplied on a tangible
medium, the consumer shall, at the request and at the expense o f the
trader, return the tangible medium to the trader without undue delay. If
the trader decides to request the  return of the tangible medium, that
request shall be made within four teen (14) days of the day on w hich
the trader is informed of the consumer's decision to terminate the
contract.
(3) The consumer shall not be liable to pay for any use made of
the digital content or digital service in the period, prior to the
termination of the contract, duri ng which the digital content o r the
digital service was not in conformity.
Time limits and means of 
reimbursement 
by the trader.17. (1) Any reimbursement  that is owed to t he consumer by the
trader, pursuant to regulation 13 (4) and (5) or 15(1), due to a p r i c e
reduction or termination of the c ontract shall be carried out without
undue delay and, in any event, wit hin fourteen (14) days of the date on
which the trader is informed of the consumer’s decision to invoke the
consumer's right for a price reduction or to terminate the cont ract.
(2) The trader shall carry out the reimbursement using the
same means of payment that the consumer used to pay for the dig ital
content or digital service, unless the consumer expressly agree s
otherwise and provided that the consumer does not incur any fee s as a
result of such reimbursement.
(3) The trader shall not impose any fee on the consumer in
respect of the reimbursement.
Modification of 
the digital content or digital service.18. (1) Where the contract provide s that the digital content or
the digital service is to be supplied or made accessible to the  consumer
over a period of time, the trader may modify the digital conten t or
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digital service beyond what is n ecessary to maintain the digita l content
or digital service in conformity in accordance with regulations 6 and 7,
if the following conditions are met:
(a) the contract allows, and provides a valid reason for,
such a modification;
(b) such a modification is made without additional cost to
the consumer;
(c) the consumer is informed in a clear and
comprehensible manner of the modification; and
(d) in the cases referred to in sub-regulation (2), the
consumer is informed reasonably in advance on a durable
medium of the features and time of the modification, and of the
right to terminate the contract in accordance with sub-regulation
(2), or of the possibility to maintain the digital content or thedigital service without such a modification in accordance with
sub-regulation (4).
(2) The consumer shall be entitled to terminate the contract if
the modification negatively impacts the consumer’s access to or  use of
the digital cont ent or the digital service, unless such negativ e impact is
only minor. In that case, the cons umer shall be entitled to ter minate the
contract free of charge within t hirty (30) days of the receipt of the
information or of the time when the digital content or the digi tal
service has been modified by the trader, whichever is later.
(3) Where the consumer terminates the contract in accordance
with sub-regulation (2), regulations 14 to 17 shall apply accor dingly.
(4) Sub-regulations ( 2) and (3) shall not apply if the trader h as
enabled the consumer to maintain without additional cost the di gital
content or the digital service without the modification, and the digital
content or the digital service remains in conformity.
Right of redress. 19. Where the trader is liable to the consumer because of any
failure to supply the digital c ontent or the digital service, o r because of
a lack of conformity resulting from an act or omission by a person in
previous links of the chain of t ransactions, the trader shall b e entitled
to pursue remedies against the persons liable in the chain ofcommercial transactions.
Mandatory 
nature.20. (1)  Unless otherwise provide d for in these regulations,
any contractual term which, to t he detriment of the consumer, e xcludes
the application of the provisions of these regulations, derogat es from
them or varies their effects befo re the failure to supply or th e lack of
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conformity is brought to the trader's attention by the consumer , or
before the modification of the d igital content or the digital s ervice in
accordance with regulation 18 is brought to the consumer’s atte ntion
by the trader, shall not be binding on the consumer.
(2) These regulations shall not p revent the trader from offerin g
the consumer contractual arrangements that go beyond the protection
provided for in these regulations.
Penalties and 
right of appeal.21. (1) Subject to the provisions of the Act regarding judicial
proceedings instituted by the Director General following prima facie
finding of infringements, the Civ il Court shall impose penaltie s of not
less than five hundred euro (€500) and not more than forty-seven
thousand euro (€47,000) on any person who fails to comply with any
of the provisions of these regulations.
(2) Any person who feels aggrieved by a judgement, order,
penalty or measure issued by the Civil Court, may appeal before  the
Court of Appeal, on any point of law and, or of fact, by means of an
application filed in the registr y of the Court of Appeal within  twenty
(20) days from the date of the judgment of the Civil Court:
Provided that the Court of App eal shall appoint  the case for
hearing by not later than six (6) months from the judgement of the
Civil Court.
Verzjoni Elettronika
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
Prezz/Price
€1.44
Verzjoni Elettronika