(1) The provisions of this Subtitle are to be applied to consumer contracts the subject matter of which is the supply by the trader of digital content or digital services (digital products) against payment of a price. A price as defined in this Subtitle also is a digital presentation of a value.
(2) Digital content is data that are created and supplied in digital form. Digital services are services that allow
1. the consumer to create, process, store or access data in digital form, or
2. the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service.
(3) The provisions of this Subtitle are to be applied also to consumer contracts on the supply of digital products under which the consumer provides or undertakes to provide personal data to the trader, except where the prerequisites stipulated in section 312 (1a) sentence 2 have been met.
(4) The provisions of this Subtitle are to be applied also to consumer contracts that have as their subject matter digital products that are developed in accordance with the consumer’s specifications.
(5) To the exception of sections 327b and 327c, the provisions of this Subtitle are to be applied also to consumer contracts that have as their subject matter the supply of tangible media serving exclusively as the carriers of digital content.
(6) The provisions of this Subtitle are not to be applied to:
1. contracts on services other than digital services, regardless of whether digital forms or means are used by the trader to produce the output of the service or to deliver or transmit it to the consumer,
2. contracts on electronic communications services as defined in section 3 no. 61 of the Telecommunications Act (Telekommunikationsgesetz – TKG) of 23 June 2021 (BGBl. (Federal Law Gazette I, p. 1858) with the exception of number-independent interpersonal communications services as defined in section 3 no. 40 of the Telecommunications Act,
3. treatment contracts pursuant to section 630a,
4. contracts on gambling services that involve wagering a stake with pecuniary value and that are provided by electronic means or any other technologies for facilitating communication and at the individual request of a recipient of such services,
5. contracts relating to financial services,
6. contracts on the supply of software by the trader under a free and open-source licence, where the consumer does not pay a price and the personal data provided by the consumer exclusively are processed by the trader for the purpose of improving the security, compatibility or interoperability of the software offered by the trader,
7. contracts on the supply of digital content where the digital content is made available to the general public other than by signal transmission as part of a performance or event,
8. contracts on the supply of information as defined in the Act on the Further Use of Information Held by Public Bodies (Informationsweiterverwendungsgesetz – IWG) of 13 December 2006 (BGBl. (Federal Law Gazette I, p. 2913), as amended by Article 1 of the Act of 8 July 2015 (BGBl. (Federal Law Gazette I, p. 1162).