The proposed directive for the supply of digital content: is it fit for purpose?

In December 2015, the European Commission proposed a new Directive for the Supply of Digital Content. This Directive was presented along with a second proposed Directive on Online and Distant Sale of Goods. These proposed Directives form part of the European Union Digital Single Market Strategy. Thi...

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Bibliographic Details
Published in:International review of law, computers & technology computers & technology, 2019-01, Vol.33 (1), p.100-117
Main Authors: Hoekstra, Johanna, Diker-Vanberg, Aysem
Format: Article
Language:English
Subjects:
Business law
Content management
Contract law
Market strategy
Markets
Strategy
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Summary:In December 2015, the European Commission proposed a new Directive for the Supply of Digital Content. This Directive was presented along with a second proposed Directive on Online and Distant Sale of Goods. These proposed Directives form part of the European Union Digital Single Market Strategy. This paper critically examines the Directive for the Supply of Digital Content to establish whether it fits the purposes for which it is drafted and whether it fits the goals of the Digital Single Market Strategy.It is submitted that although the Directive is presented as part of the Digital Single Market Strategy and as an instrument to fill a gap in the Consumer Acquis, it is mainly concerned with harmonising contract law and it is driven by the Commission's previous failed attempts to harmonise Contract law. The paper also highlights that in its current form due to some of its requirements imposed on businesses the proposed Directive may lead to unintended consequences for consumers. The paper argues that the Directive and some of its provisions needs to be revisited.
ISSN:1360-0869
1364-6885
DOI:10.1080/13600869.2019.1562638