Digital Content and Sales or Service contracts under EU Law and Belgian/French Law

The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and... Mehr ...

Verfasser: Jacquemin, Hervé
Erscheinungsdatum: 2017
Schlagwörter: 340 / http://dewey.info/class/340/ / digital content / consumer protection / goods / services / sales contract / service contract / articulation issues between concepts / French and Belgian Civil Law
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-26510535
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://nbn-resolving.org/urn:nbn:de:0009-29-45307

The rather novel concept of “digital content” is defined and regulated both in the Consumer Rights Directive and in the Proposal for a Directive on certain aspects concerning contracts for the supply of digital content (dated 9 December 2015). In this paper, the concept is presented, as well as the reasons why the European legislator adopted (or is willing to adopt) protection measures to the benefit of consumers in this context. Relying on this analysis, the paper will further discuss the articulation issues between the notion of “digital content” and other relevant concepts under EU Law and some national laws (of civil Law countries). First, a comparison between the notion of digital content and other concepts used at the EU level (and in the corresponding legal framework adopted in the Member States), in regulations protecting the consumers (the concepts of “goods”, “services”, “sales” or “services contracts”, etc.) will be carried out. The concept will then be compared with the classical notions used in Belgian (and French) Contract Law, especially in the Civil Code (“contract of enterprise”, “sales contract”, etc.).