The new Civil Code introduces a fundamental change in the area of digital contracts. Outdated software or a malfunctioning application will no longer be merely a technical issue, but a breach of contract.
Digital business has long since moved beyond a one-time delivery and acceptance model. Today, software, applications, and online services are not finished products, but rather long-term relationships between a supplier and a client. The new Civil Code responds precisely to this reality, systematically regulating digital contractual obligations for the first time.
Previous practice often relied on analogies. Software was sometimes considered a good, other times a work or a license, which led to legal uncertainty and ambiguous interpretations. The same digital solution could thus be subject to different legal regimes, with varying consequences for liability and rights arising from defective performance.
The recodification of civil law brings a fundamental shift in thinking. Digital performance is taking center stage as a separate category that encompasses digital content, digital services, and goods with digital elements. The law thus ceases to focus solely on formal delivery and begins to assess whether the digital solution fulfills the purpose for which it was ordered over the long term.
A key shift is the understanding of a digital obligation as a dynamic legal relationship. The supplier’s obligations do not end with the delivery of the software but also include its functionality, compatibility, security, and regular updates throughout the duration of the contract. There is no such thing as a “finished work”; there is only a functional or non-functional system.
From a practical standpoint, this means that outdated software, a non-functional application, or an incompatible service will no longer be merely a technical issue, but a breach of contract. The new legislation strengthens customers’ rights to remedy, price reduction, or termination of the contract even in cases where the digital solution ceases to function during use.
For businesses, this signals that existing contract templates and general terms and conditions may not be sufficient under the new regime. Wording based on “delivery of software” or “acceptance of the work” no longer reflects the reality of digital services, where problems typically arise not at the time of delivery but during operation.
New contracts will require more precise rules regarding updates, maintenance, liability, and the legal consequences of service unavailability. The digital contract thus becomes a strategic risk management tool, not just a formal document.
The recodification of the Civil Code therefore does not represent an academic change, but a practical response to the way the digital economy functions today. The law is aligning with the reality of business and creating a framework that strengthens legal certainty for both parties to the contractual relationship.
Contracts that have worked for many years may no longer suffice. Digital obligations are becoming the infrastructure of trust—and in the digital world, trust is one of the most valuable assets.
