The Directives on Digital Contracts: First Steps Towards the Private Law of the Digital Economy

Abstract

On 20 May 2019 the European legislator adopted two Directives, each a milestone on the road to development of European contract law: The Directives on Contracts for the Supply of Digital Content or Services and on the Sale of Goods. These Directives are the first steps in the adaptation of European private law to the requirements of the digital economy. The object of this article is firstly, to explain the importance of these Directives from this policy angle and then, to explain their content. It focuses on both the areas of commonalities and the areas of difference with regard to scope and the Directives’ central provisions on conformity and consumer remedies. This contribution pays special attention to the two areas of data as counter-performance and goods with digital elements which exemplify the adaptation of legislation to the digital economy. Throughout this contribution, we will consider where the legislator has maintained consistency with existing law and the sources from which any changes stem.