Questions related to providing data erasure codes to consumers

How to claim a data erasure code from the NAV?

From 15 December 2022, traders must claim data erasure codes electronically by filling in the SORSZIG form, which allows 100,000 data erasure codes to be requested at a time. A trader may submit several SORSZIG forms at the same time.

The rules for requesting and providing data erasure codes have changed. Where can I get the information on this?

The notice is available on the NAV website.

What procedures apply to cross-border online market operators?

For cross-border online marketplace operators, information on the specific procedure for the erasure codes they provide to consumers is available at the NAV website.

For which devices do I need to provide data erasure codes?

For the durable media devices supported by the data erasure application: Range of durable media devices

What do I need to know about the proof of delivery data erasure codes?

When a durable media device is purchased, the trader is obliged to provide the consumer with a data erasure code, but there is no such right or obligation in the case of a transfer for any other reason or legal title.

According to Section 3(1) of the Decree, by handing over the data erasure code, the consumer becomes a user entitled to use the data erasure application and the data erasure code becomes their property. From then on, the data erasure code does not share the legal fate of the product.

What to do about data erasure codes in the event of withdrawal from sale, device replacement or change of ownership?

The Decree does not address the issue of withdrawal in relation to data erasure codes, nor does it discuss that the consumer would be obliged to return the erasure code as well in case of withdrawal from the sale, so the trader cannot oblige the consumer to do so.

When the durable media device is purchased, the trader must provide the consumer with a data erasure code. If it is provided for any other reason – under any other legal title – there is no such right or obligation.

According to Section 3(1) of the Decree, by handing over the data erasure code, the consumer becomes a user entitled to use the data erasure application and the data erasure code becomes their property. From then on, the data erasure code does not share the legal fate of the product. If the product is replaced or there is a withdrawal from the sale, this does not mean that the consumer has to return the data erasure code to the trader.

What happens if the consumer loses, discards or cannot find the label or the data erasure code?

The label or the data erasure code provides the consumer with the possibility to use a service, so, like a purchased ticket or pass, the label or the data erasure code must be kept until the actual use. If someone loses or discards the label or the data erasure code, it can be used by the person who finds it. If the consumer has not lost the label or the data erasure code but cannot find it, they will not be able to use the data erasure application. The trader cannot replace a lost, discarded or missing label or data erasure code.

How should I report the data due for data erasure codes?

Determining the detailed rules for data provision is the responsibility of the NAV. For related questions, please contact the NAV.

Who is responsible for the transfer of the code if the trader carries out their activity using an online marketplace and issues the accounting document recording the sale using an online invoicing program?

If the trader carries out their activity using an online marketplace and issues the accounting document recording the sale using an online invoicing program, the operator of the online invoicing program is primarily responsible for the transfer of the code and may be exempted from this obligation only for specific reasons. The online market operator shall provide the erasure code in the notification of the sale of the durable media device to the consumer if the trader carries out their activity using an online marketplace and does not use an online invoicing software, provided that the trader informs the online market operator that the object of the sale is a durable media device. To avoid duplications, it is advisable to inform the online market operator that the trader uses an online invoicing program, so that the responsibility for the transmission of the data erasure code lies with the invoicing program operator.

Section 8(8) of the Decree is intended to provide for the possibility where the trader insists on providing the erasure code themselves. This must be confirmed by the trader’s explicit declaration to the NAV, which can be made as part of the trader’s application for a data erasure code, so that an agreement can be reached between the online marketplace operator and the trader.

What should be done with previously requested but unused data erasure codes by a trader using an online invoicing program or an online marketplace?

Data erasure codes that have been requested but not used cannot be returned to the NAV. A register of the erasure codes not yet provided to consumers must be kept. The form and detailed content of the register is not regulated. It is essential that the management of the data erasure codes can be verified and tracked afterwards, so that it is possible to identify exactly which data erasure codes were requested, when they were requested and which of the requested codes were not given to the consumer.