What selling online courses, e-books and subscriptions requires
For creators of online courses, e-books, templates and software, and for anyone who sells subscriptions or digital services to consumers.
The law as at
6 obligations on this list can be checked by the website check straight from your address. No account needed.
We only read the public page you give us. We store nothing and change nothing.
Digital content carries the same information obligations as an ordinary online shop, but withdrawal from the contract is built differently, and that is exactly where most mistakes are made.
The difference is that digital content is made available immediately and the consumer does not have to return it. The law therefore allows the consumer to give up the right of withdrawal, but only if three conditions are met at once. The missing third condition is the most common mistake among Slovak sellers.
Checklist of obligations
9 items, 6 of which the free check reads straight from your website. The check does not cover the rest.
- The website check verifies this
Identification details of the seller
Business name, registered office or place of business, company ID number (IČO), telephone and email, stated on the website as well.
§ 5(1) of Act 108/2024 Coll., § 4 of Act 22/2004 Coll., § 3a of the Commercial Code
- The website check verifies this
Information on functionality, compatibility and interoperability
With digital content you also have to state how the product works, what technical protection measures it contains and what hardware and software it is compatible with. For a course that means, for example, the video format, the length of access and whether it can be downloaded.
§ 5(1)(n) and (o) of Act 108/2024 Coll.
- The website check verifies this
Withdrawal notice and the declaration about losing the right
Before the content is made available, the trader has to give a separate notice that by agreeing to the delivery starting the consumer loses the right to withdraw, obtain the consumer's declaration that this notice was given, and obtain express consent to the delivery starting.
§ 17(10) and § 19(1)(m) of Act 108/2024 Coll.
- Cannot be verified from outside
Order confirmation on a durable medium
This is the third condition on which giving up the right most often fails. The confirmation also has to contain the consumer's declaration itself and their consent. Without it the consumer keeps the 14-day right of withdrawal despite the ticked box, and the money has to be returned.
§ 17(12)(b) of Act 108/2024 Coll.
- The website check verifies this
Liability for defects in digital content
Digital content and digital services have their own rules. For content supplied continuously the seller is liable for the whole agreed period; for a single supply, according to what the buyer can reasonably expect. The existence and length of this liability have to be communicated to the consumer before the contract is concluded; since 27 September 2026 this is a separate letter of the act.
§ 5(1)(h) of Act 108/2024 Coll., § 852a to § 852n of the Civil Code
- The website check verifies this
Privacy policy
With subscriptions and courses you process the email address, payment data and usually also data on progress through the course. The payment gateway, the email tool and the course platform are processors.
Article 13 of Regulation (EU) 2016/679 and Act 18/2018 Coll.
- The website check verifies this
Cookie consent before cookies are stored
The same applies as with an online shop. On sales pages the usual problem is a marketing pixel that loads as soon as the page opens.
§ 109(8) of Act 452/2021 Coll.
- Cannot be verified from outside
Information on automatic renewal of the subscription
For a contract of indefinite duration, or a contract that is extended automatically, the conditions for termination have to be stated in advance. The price for the next period and the way to cancel have to be clear before the first payment.
§ 5(1)(m) of Act 108/2024 Coll.
- Cannot be verified from outside
The period of free updates
The minimum period during which the provider of the digital content or digital service provides free updates, including security updates, needed to keep the content in conformity with the requirements of the Civil Code. The act requires it to be stated where the provider has made it available to the trader.
§ 5(1)(p) of Act 108/2024 Coll., § 852d of the Civil Code
What this list does not cover
The list is built on legislation whose wording we have verified against the Slov-Lex register. The areas below fall outside it and have to be dealt with elsewhere.
- Copyright in the course content and licence terms for the buyer
- Tax assessment of the place of supply of a digital service and the OSS scheme
- The terms of the specific platform on which the course is sold
Common misconceptions
A tick box without a confirmation email
The most common mistake. The box about losing the right of withdrawal is correct, but the order confirmation does not contain the declaration. The third condition is therefore not met and the right of withdrawal remains.
A pre-ticked box
Consent has to be an express act of the consumer. A pre-ticked box does not meet that and the declaration about the notice is then invalid.
One box for everything
The declaration about losing the right of withdrawal mixed together with accepting the terms and conditions and the privacy policy. It is not fatal, but the declaration should stand on its own, so that it is clear what exactly the consumer agreed to.
Relying on a repealed act
Wording taken from older guides cites Act 102/2014 Coll., which was repealed by § 55 of Act 108/2024 Coll. with effect from 1 July 2024. That does not invalidate the consent by itself, but it is the first thing an inspection notices.
Frequently asked questions
Do I have to refund an e-book that the customer has downloaded?
It depends on whether all three conditions were met: the delivery began, the consumer gave express consent and declared that they had been informed about losing the right, and received a confirmation of that on a durable medium. If any one of them is missing, the consumer keeps the right of withdrawal.
What should that confirmation look like?
It does not have to contain the wording of the provision. A sentence repeating what the customer agreed to is enough, ideally with the time of the consent. The terms and conditions do not replace it: they are not delivered, they are the same for everyone, and they belong before the contract is concluded, not after it.
Does this apply to a software subscription as well?
Yes, it is a digital service. The difference is that with a service supplied continuously the right of withdrawal ends only once the service has been fully supplied, so with a monthly subscription a proportionate settlement applies for what was actually supplied.