EU advocate general confirms that streaming subscriptions must carry 14-day right of withdrawal for new subscribers

The Court of Justice of the EU's Advocate General Szpunar, in his opinion of 26 February (case C‑234/25, Sky Österreich vs. VKI), found that subscription streaming services qualify as “digital services”, rather than “digital content”, meaning providers cannot require new subscribers to waive their 14‑day right of withdrawal to obtain immediate access (under article 2(11), (16) and article 16(m) of Directive 2011/83/EU, as amended by Directive 2019/2161).

Despite the blurred line between “digital content” and “digital services”, the CJEU advocate general stressed that the provider’s continuous involvement in operating the platform supports its qualification as a service and that “digital content” should be interpreted strictly and reserved for one‑off supplies of content.

The risk that consumers might abuse a “late” withdrawal to access attractive content does not, in his view, justify removing this right as soon as access begins. The advocate general found that this risk is already addressed in Directive 2011/83/EU which provides that a withdrawing consumer must pay a proportionate amount for what was provided up to withdrawal. In his view, proportionate does not necessarily mean that the payment must be calculated on a pro rata time basis and instead reflect the fact that consumers had access to a single piece of attractive content during the withdrawal period.

Why it matters: If the court follows this opinion, subscription streaming platforms will need to allow new users to exercise a real 14‑day withdrawal right even after accessing the service and will have to review their sign‑up journeys and consumer information accordingly.