Journal of the Charles University Law Faculty
Jiří Hrádek
Author’s affiliation:
Faculty of Law, Charles University in Prague
Changes to consumer law with respect to provision of digital content and digital services
Jurisprudence 1/2023 Section: Articles Page: 11-20
Keywords: Digital content; digital service; Conformity of the digital content or digital service; Subjective requirements for conformity; Objective requirements for conformity
Abstract: The main goal of the article is to present, in a structured way, the new legal regulation of the provision of digital content and services, which was brought into Czech law by the implementation of the EU consumer directives. The main added value of the new regulation, which was incorporated into the Civil Code and the Act on Consumer Protection, consists in creating a new and advanced framework for the digital environment and the establishment of institutes to provide sufficient protection to contracting parties. An example is the regulation of digital content or service and the comprehensive regulation of conformity with the contract as well as the consequences of the breach of duty. A fundamental change represents the acceptance of compensation for digital content or a service consisting in the provision of personal data. This approach, which has to take into consideration both the human rights dimension of personal data and their property value, will certainly lead to major discussions in the future about the admissibility, or limits of actions of the contracting parties.
