Štěpán Richter
Author’s affiliation: Faculty of Law, Masaryk University Brno

Directive (EU) 2019/770 on Certain Aspects Concerning Contracts for the Supply of Digital Content and Digital Services as a Consumer Protection Tool

Jurisprudence 4/2020 Section: Articles Page: 9-17

Keywords: digital content, digital services, goods with a digital element, digital market, updates, compatibility, interoperability, forced innovation

Abstract: Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services is one of several EU secondary law acts, which aim to regulate the behaviour of subjects of the digital market and to create a clear legal framework for the supply of digital data. The author analyzes the directive by comparing it with national laws on consumer protection and uncovers what new rights has the directive given to the consumer and whether it can fulfil its declared goals. Possible gaps in regulation are also given attention, with de lege ferenda reflection. The author concludes that the directive grants several new rights to the consumer, with regards to the technological aspects of the supply of digital content and services. However, for the same reason, the directive reduces consumer protection in some areas. A conclusion was also drawn that the new regulation is not specific enough, which might hinder the fulfilment of the directives’ goal in the long run.