Fundamental Rights and Digital Content Contracts

17 Pages Posted: 12 Jun 2012

See all articles by Chantal Mak

Chantal Mak

University of Amsterdam - Centre for the Study of European Contract Law (CSECL); University of Amsterdam - Faculty of Law

Date Written: June 8, 2012

Abstract

This paper provides an overview of the ways in which (consumer) contract law may contribute to the protection of fundamental rights of digital consumers. The distribution and consumption of digital content can touch upon or even conflict with the exercise of fundamental freedoms of consumers, such as the right to privacy or the right to freedom of expression. The paper considers the effects of fundamental rights (such as the protection of privacy, freedom of expression, the right to receive information) on questions concerning the validity of digital content contracts and standard terms. Furthermore, it investigates to what extent fundamental rights (such as non-discrimination, Article 21 EU Charter of Fundamental Rights, and access to services of general economic interest, Article 36 of the EU Charter of Fundamental Rights) may strengthen the legal framework for guaranteeing consumer access to digital content.

Keywords: Fundamental rights, Digital content contracts, protection, consumption, discrimination

JEL Classification: K12

Suggested Citation

Mak, Chantal, Fundamental Rights and Digital Content Contracts (June 8, 2012). Amsterdam Law School Research Paper, No. 2012-67, Available at SSRN: https://ssrn.com/abstract=2081943 or http://dx.doi.org/10.2139/ssrn.2081943

Chantal Mak (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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