Digital Content Regulation as Building Block of the Private Law Harmonization

Abstract

By the Digital Content Directive (DCD) – in part complemented by the Sale of Goods Directive (SGD) – the EU regulates the law of contracts, as far as it relates to digital content. On the one hand, these two directives seem to mark another major step towards the harmonization of private law. On the other hand, however, the directives are not based on a comprehensive overall conception, but rather fit into the EU’s “salami tactics” approach on contract law harmonization. In any case, the DCD and the SGD introduce a new phase of harmonization that shows significant conventional and unconventional tendencies and some progress factors, but theyalso raise some serious concerns.

Keywords: Digital Contract Law, Digital Content Regulation, Digital Content and Digital Services (DCD), Sale of Goods (SGD), Harmonization of Contract Law