Full Description
The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the development of national and European law in the future. The Digital Content Directive is set to play a central rule in this development. Its provisions on conformity and remedies for non-conforming digital content concern the heart of the protection for the consumer. Its rules will not only have to be transposed into national law over the coming years but will also interact with existing provisions from the Consumer Rights Directive 2011/83/EU, the E-Commerce Directive 2000/31/EU, and the Portability Regulation 2017/1128 in order for the legal framework on the supply of digital content to function.
The Commentary contains an in-depth, article-by-article analysis of core provisions concerning the supply of digital content: from the pre-contractual information duties and cancellation rights to conformity and portability of digital content. The contributors are legal experts from across the EU. Their comments give not only detailed explanations of the background and purpose of the provisions in order to assist interpretation, but also indicate potential difficulties and solutions in order to ease transposition and implementation of the rules on the supply of digital content. It will be an essential guide for legislators, practitioners and scholars.
Contents
DIGITAL CONTENT DIRECTIVE (2019/770)
Subject matter and purpose
Article 1
Article 2 Definitions
Article 3 Scope
Article 4 Level of harmonisation
Article 5 Supply of the digital content or digital service
Article 6 Conformity of the digital content or digital service
Article 7 Subjective requirements for conformity
Article 8 Objective requirements for conformity
Article 9 Incorrect integration of the digital content or digital service
Article 10 Third-party rights
Article 11 Liability of the trader
Article 12 Burden of proof
Article 13 Remedy for the failure to supply
Article 14 Remedies for lack of conformity
Article 15 Exercise of the right of termination
Article 16 Obligations of the trader in the event of termination
Article 17 Obligations of the consumer in the event of termination
Article 18 Time limits and means of reimbursement by the trader
Article 19 Modification of the digital content or digital service
Article 20 Right of redress
Article 21 Enforcement
Article 22 Mandatory nature
Article 23 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC
Article 24 Transposition
Article 25 Review
Article 26 Entry into force
Article 27 Addressees
CONSUMER RIGHTS DIRECTIVE (2011/83)
Information requirements for contracts other than distance or off-premises contracts
Article 5
Article 6 Information requirements for distance or off-premises contracts
Article 8 Formal requirements for distance contracts
Article 14 Obligations of the consumer in the event of withdrawal
Article 16 Exceptions from the right of withdrawal
E-COMMERCE DIRECTIVE (2000/31)
Article 5 General information to be provided
Article 6 Information to be provided
Article 7 Unsolicited commercial communication
