The new Directive on Contracts for the Supply of Digital Content and Digital Services – Scope of Application and Trader’s Obligation to Supply – Part 1

Abstract

Abstract After more than 3 years of discussions and negotiations the new contract law package consisting of the directive on the contracts for the supply of digital content and digital services and the new consumer sales directive have been finally adopted. The initial object-based regulatory approach has been kept, whereas the object of the contract now also encompasses digital services. The contract typology is still left within the discretion of the Member States and also the innovative concept of data as counter-performance is kept in the final version. The article discusses the scope of the digital content directive, including the complicated regulation on ancillary digital services (‘goods with digital elements’) as well as the trader’s main obligation – the obligation to supply. Conformity criteria, including the updating obligation, consumer’s remedies, trader’s liability as well as his right to make modifications will be dealt with in the follow-up article to be published in the next issue.