Fundamental Rights and Digital Content Contracts

Abstract

This paper provides an overview of the ways in which (consumer) contract law may contribute to the protection of fundamental rights of digital consumers. The distribution and consumption of digital content can touch upon or even conflict with the exercise of fundamental freedoms of consumers, such as the right to privacy or the right to freedom of expression. The paper considers the effects of fundamental rights (such as the protection of privacy, freedom of expression, the right to receive information) on questions concerning the validity of digital content contracts and standard terms. Furthermore, it investigates to what extent fundamental rights (such as non-discrimination, Article 21 EU Charter of Fundamental Rights, and access to services of general economic interest, Article 36 of the EU Charter of Fundamental Rights) may strengthen the legal framework for guaranteeing consumer access to digital content.