Streaming services may not generally exclude the right of withdrawal for their offerings. That is the ruling of the European Court of Justice (ECJ) in Luxembourg — a judgment in favour of consumers. Under EU rules, such an exclusion is only possible for "digital content." A personalised streaming subscription, by contrast, is classified by the judges as a "digital service" — and the 14-day right of withdrawal applies to those.
According to the ruling, the decisive factor is whether a service goes beyond the provision of fixed content. If the offering is adapted to customers' behaviour, for example through personalised recommendations, it is a digital service whose withdrawal cannot be excluded.
Background and relevance for Germany
The case arose from a lawsuit by an Austrian consumer association against the provider Sky. Sky classifies its offering as "digital content" and excludes the right of withdrawal once customers expressly agree to immediate use — according to the company, this also applies to its Wow service in Germany. The Austrian court dealing with the case had asked the ECJ to interpret the EU Consumer Rights Directive and must now make the final decision.
The ruling refers to the Austrian case. However, according to Hanover-based lawyer Tim Wittwer, the German and Austrian rules on the right of withdrawal are comparable, so the requirements are relevant in Germany too. Providers that have so far excluded withdrawal rights are likely to have to adjust their terms and conditions. In the event of a withdrawal, however, customers must pay reasonable compensation for the use already made, according to the ECJ.