Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I move amendment No. 55:

In page 49, to delete lines 23 to 30 and substitute the following: “(5) Where—

(a) the consumer fails to install within a reasonable time an update supplied by the trader in accordance with subsection (4),

(b) the trader informed the consumer of the availability of the update and the consequences of a failure of the consumer to install it, and

(c) the failure of the consumer to install the update, or the incorrect installation of the update by the consumer, was not due to shortcomings in the installation instructions provided by the trader,

the trader shall not be liable for any lack of conformity with the digital content contract or digital service contract resulting solely from the failure to install the relevant update.".

This is a minor technical amendment to ensure the precise transposition of the digital content directive. The purpose of this amendment to section 54(5) is to give full effect to the provision at Article 8(3) of the digital content directive, which states:

the trader shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided:

(a) that the trader informed the consumer about the availability of the update and the consequences of the failure ... to install it ...