Full Description
Digital Content & Distance Sales analyses three legal instruments proposed by the European Commission in the context of its Digital Single Market Strategy, which has recently become one of its priorities. The proposed instruments are: (1) a directive for the supply of digital content; (2) a directive for the online and other distance sales of goods; and (3) a regulation on cross-border portability of online content services in the internal market. This book takes a combined approach of setting out the broader legislative and political context of the proposed legal instruments, giving the reader a general overview of the background and subsequent impact of the proposals, and indepth analyses of specific aspects, advantages and challenges. Through this approach, the authors offer valuable insight into key areas of legal development.This book will be useful to academics and practitioners working in contract law, particularly European contract law.
Contents
Preface - v
List of Authors - xiii
PART I. INTRODUCTION
Not Good but Certainly Content: The Proposals for European Harmonisation of Online and Distance Selling of Goods and the Supply of Digital Content - Marco B.M. Loos - 3
1. Introduction - 4
2. The Road Leading to the Current Proposals - 5
3. Yet Another Regime for Sales Contracts? - 13
4. Online Sales and Distance Sales Directive - 16
5. Digital Content Directive - 28
6. Unresolved Matters - 49
7. Concluding Remarks - 52
PART II. PROPOSALS FOR A DIRECTIVE ON ONLINE AND DISTANCE SALES OF TANGIBLE GOODS AND FOR A DIRECTIVE ON DIGITAL CONTENT
Proposal for a Directive on Certain Aspects Concerning Contracts for the Online and Other Distance Sales of Goods: Scope of Application, Definitions and Conformity - Sanne Jansen and Sophie Stijns - 57
1. Introduction - 58
2. Scope of Application and Definitions - 59
3. Conformity - 68
4. Relevant Time for Establishing Conformity - 87
5. (No) Notification of a Lack of Conformity - 91
6. Conclusion - 93
Proposal for a Directive on Digital Content: Scope of Application and Liability for a Lack of Conformity - Simon Geiregat and Reinhard Steennot - 95
1. Introduction - 97
2. Scope of Application - 100
3. Supply - 118
4. Conformity - 120
5. Conformity Assessment: Time, Liability and Proof - 149
6. Unsolved Issues - 159
7. Conclusions - 164
Remedies, Modifi cation of Digital Content and Right to Terminate Long-Term Digital Content Contracts - Ignace Claeys and Jonas Vancoillie - 167
1. Introduction - 168
2. Background and Essential Characteristics of the Proposals - 172
3. The Consumer's Remedies - 177
4. Modification of Digital Content and Long-Term Contracts for the Supply of Digital Content - 220
5. Conclusion - 230
Commercial Guarantees in the Proposal for a Directive on Certain Aspects Concerning Contracts for the Online and Other Distance Sales of Goods - Evelyne Terryn and Sanne Vandemaele - 233
1. Introduction - 233
2. Evolution of the European Legislation on Commercial Guarantees - 235
3. Commercial Guarantees in the Current Regulatory Framework - The Apple Case - 244
4. Commercial Guarantees in the ODSD Proposal - 250
5. Conclusion - 262
Annex: Comparison of the CSD and the ODSD - 262
Right of Redress - Bert Keirsbilck - 265
1. Introduction - 265
2. Genesis of Article 4 CSD - 266
3. Right of Redress under Article 4 CSD, Article 17 DCD Proposal and Article 16 ODSG Proposal - 271
4. Implementation of Article 4 CSD in Belgium - Article 17 DCD Proposal and Article 16 ODSG Proposal - 275
5. The Case for EU Direct Producers' Liability - 277
6. Conclusion - 279
PART III. PROPOSAL FOR A REGULATION ON CROSS-BORDER PORTABILITY OF ONLINE CONTENT SERVICES IN THE INTERNAL MARKET
`Content-Wherever-You-Go': Towards Cross-Border Portability of Online Digital Content - Eva Lievens - 283
1. Introduction - 283
2. Background - 284
3. Rationale and Objective - 285
4. Impact Assessment - 287
5. Legal Basis and Choice of Instrument - 289
6. Key Elements, Definitions and Scope of Application of the POSCR - 290
7. Obligation to Enable Cross-Border Portability of Online Content Services - 292
8. Localisation of the Provision, Access to and Use of Online Content Services - 294
9. Contracts - 295
10. Protection of Personal Data and Other Rights - 296
11. Application - 297
12. Assessment of the Proposal - 297
13. Recent Developments - 301
14. Conclusion - 303
PART IV: CONCLUSION
The New Proposals for Directives Concerning Digital Content and Online/Distance Sales: What Impact on Consumer Protection? - Gert Straetmans and Shana Meys - 307
1. Introduction - 308
2. Key Objectives of the Proposals for Directives - 311
3. Analysis from a Belgian Perspective - 313
4. Scope of Application of the Proposals: Analysis from a European Perspective - 348
5. Conclusion - 355
