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

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

Hoekstra, Johanna ORCID: 0000-0002-7071-1188 and Diker Vanberg, Aysem ORCID: 0000-0002-0614-1707 (2019) The proposed directive for the supply of digital content: Is it fit for purpose? International Review of Law, Computers & Technology, 33 (1). pp. 100-117. ISSN 1360-0869 (Print), 1364-6885 (Online) (doi:https://doi.org/10.1080/13600869.2019.1562638)

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Abstract

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 on businesses the proposed Directive may lead to negative consequences for consumers. The paper argues that the Directive and some of its provisions needs to be revisited.

Item Type: Article
Uncontrolled Keywords: Law, European Union, Contract Law, Consumer Protection, Digital Market
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 27 Jun 2019 16:00
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/22468

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