EU Legislation in Progress: Contracts for Supply of Digital Content to Consumers

European Parliamentary Research Service, Briefing in series "EU Legislation in Progress". PE 581.980 (April 2016)

12 Pages Posted: 28 Apr 2016  

Rafał Mańko

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

Date Written: April 25, 2016

Abstract

On 9 December 2015, the Commission tabled a proposal for a directive on contracts for supply of digital content to consumers. The proposal would cover, with a single set of rules, contracts for the sale of digital content (e.g. when consumers buy music, films, e-books or applications), for rental of digital content (e.g. when consumers watch a movie online, but do not download a copy), as well as contracts for digital services, such as cloud computing and social media. The proposal envisages a maximum level of harmonisation, meaning that it will be prohibited for Member States to enact or retain more consumer-friendly rules within the directive's scope. Currently, only the UK has enacted rules designed specifically for contracts for supply of digital content. A similar legislative bill was recently discussed in Ireland. Other Member States, such as Germany and the Netherlands, have extended the scope of existing contract rules, especially on consumer sales, to include sale of digital content. Yet in other Member States, such as Poland, there are no explicit rules on supply of digital content, which leads to legal uncertainty and practical difficulties regarding the rights and remedies available to consumers in case of non-conformity.

Keywords: contract law, private law, Digital Single Market

Suggested Citation

Mańko, Rafał, EU Legislation in Progress: Contracts for Supply of Digital Content to Consumers (April 25, 2016). European Parliamentary Research Service, Briefing in series "EU Legislation in Progress". PE 581.980 (April 2016). Available at SSRN: https://ssrn.com/abstract=2769960

Rafał Mańko (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Paper statistics

Downloads
116
Rank
192,305
Abstract Views
403