Regulating Contracts for the Supply of Digital Content: The EU and UK Response

2017 ◽  
pp. 101-124 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Digital Content ◽  
The Eu

scholarly journals Withdrawal right waivers for in-game currency under EU law

2019 ◽  
Vol 2 (2) ◽  
pp. 84-87
Author(s):  
Felix Hilgert
Keyword(s):  
Digital Content ◽  
Purchase Decision ◽  
Eu Law ◽  
Virtual Currency ◽  
Online Transactions ◽  
The Eu

Consumers in the EU have a discretionary withdrawal right for online transactions. For 14 days (or longer, if they have not been properly informed of this right), they can cancel the contract and claim a refund. This right is generally mandatory and can only be contractually waived in advance in contracts for the provision of digital content. German courts have handed down a series of judgments confirming that virtual in-game currency qualifies as digital content for the purpose of this exception and clarifying the conditions under which such waivers can be obtained. Most decisions indicate waiver language can be integrated into the purchase flow prior to the final purchase decision, with some courts requiring a separate checkbox. One decision would force providers to implement separate consent mechanisms after the consumer has made the purchase but before the virtual currency is made available to them. In any event, implementing the requirements set out by German courts also requires the cooperation of distribution platforms.

Broadband and digital ‘content’ in the EU-25: Recent trends and challenges

2007 ◽  
Vol 24 (4) ◽  
pp. 259-271 ◽  
Author(s):  
Anthony Cawley ◽  
Paschal Preston
Keyword(s):  
Digital Content ◽  
Recent Trends ◽  
The Eu

scholarly journals The Consumer Rights Act 2015 – a bastion of European consumer rights?

Legal Studies ◽  
2017 ◽  
Vol 37 (1) ◽  
pp. 78-102 ◽  
Author(s):  
Paula Giliker
Keyword(s):  
Member State ◽  
Digital Content ◽  
European Consumer ◽  
Consumer Rights ◽  
Consumer Contracts ◽  
Unfair Terms ◽  
The Uk ◽  
Informed Consumer ◽  
National Framework ◽  
The Eu

The Consumer Rights Act 2015 seeks to consolidate in one place key consumer rights covering contracts for goods, services and digital content, and the law relating to unfair terms in consumer contracts. These are areas where there has been considerable activity at both a national and an EU level. In particular, the Consumer Sales Directive 99/44/EC, the Unfair Terms in Consumer Contracts Directive 93/13/EEC and the Consumer Rights Directive 2011/83/EU have all made significant changes to Member State law, promoting the idea of the ‘informed consumer’, able to assert his or her rights in entering consumer contracts. This paper will examine the extent to which the Act promotes the objectives of these Directives and the implications of the result of the June 2016 referendum that the UK should leave the EU. Does the Consumer Rights Act 2015 represent a valuable consolidation of EU and UK consumer policy, or are EU rights being absorbed into a distinctive national framework of consumer rights?

EU Digital Law

2020 ◽  
Keyword(s):  
Consumer Protection ◽  
Legal Framework ◽  
Single Market ◽  
Digital Content ◽  
Online Sales ◽  
Consumer Rights ◽  
European Regulations ◽  
Digital Law ◽  
The Eu

The rules on the EU's digital single market are a milestone in consumer protection. They have harmonised the provision of digital content and online sales across Europe. The new commentary on "EU Digital Law" comments, article by article, on the most important European regulations on digital law in the EU: the Digital Content Directive; the EU Consumer Rights Directive; the E-Commerce Directive; the Portability Regulation. The legal framework for digital content is being fundamentally redefined. The authors are experts from all over the EU. Their contributions provide detailed explanations of the background and purpose of the provisions and show concrete ways of implementing them.

scholarly journals Digital Single Market. Cyber Threats and the Protection of Digital Contents: An Overview

2020 ◽  
pp. 279-292
Author(s):  
Katarzyna Chałubińska-Jentkiewicz
Keyword(s):  
Open Access ◽  
Cultural Diversity ◽  
Well Being ◽  
Single Market ◽  
Digital Content ◽  
Intercultural Dialogue ◽  
Specific Reference ◽  
Cyber Threats ◽  
Digital Contents ◽  
The Eu

Access to audio-visual and digitized heritage is crucial for the economy and overall well-being. It also offers important avenues for the development of creativity and intercultural dialogue, shaping people’s identity and contributing to cultural diversity. Yet the rise of the digital sector has also been accompanied by the proliferation of cyber or computer-related crime. Therefore, the harmonization of cybercrime legislation has widely been discussed in different international fora. At the same time, the protection of digital content has become a highly important issue in the context of the expanding policies aimed at ensuring public, open access to digitized resources for non-commercial, educational, and cultural purposes. This article offers an overview of these topical questions, with specific reference to the EU Digital Single Market.

scholarly journals The Applicability of Artificial Intelligence in Contractual Relationships

2020 ◽  
Vol 9 (1) ◽  
pp. 63-82
Author(s):  
Ágnes Juhász
Keyword(s):  
Short Review ◽  
Digital Content ◽  
Smart Contract ◽  
Digital Services ◽  
Contractual Relationships ◽  
Different Types ◽  
The Law ◽  
The Impact ◽  
Near Future ◽  
The Eu

The appearance and the impacts of AI and digitalisation in the different types of legal work and in different legal areas and in relation to certain legal institutions, are examined and analysed nowadays by many researches, in many ways. In this study, we examine the impact digitalisation and AI have on the law of obligations, particularly on the law of contract and which challenges shall the national legislators face in the near future. In the first part of the study, we deal with the formation of contracts by electronic means. After the short review of the related Hungarian regulation in force, recent results of the EU legislation will be introduced, which was generated by both the expansion of digital content and digital services. In the second part of the study, attention will be paid to a relatively new phenomenon, the so-called smart contract. In the course of our examination, we attempt to designate the framework of the notion of smart contract and to draft all those questions relating to smart contracts, which shall be answered over time by the legislation and by the contract law regulation.

scholarly journals Directive on certain aspects concerning contracts for the supply of digital content and digital services & the EU data protection legal framework: are worlds colliding?

2019 ◽  
Vol 5 (2) ◽  
pp. 34-42
Author(s):  
Maria De Almeida Alves
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Digital Content ◽  
General Data Protection Regulation ◽  
Digital Services ◽  
European Data ◽  
General Data ◽  
The Eu

This Paper will address the interplay between the Directive on certain aspects concerning contracts for the supply of digital content and digital services and the current EU data protection framework, namely the General Data Protection Regulation. Albeit the Directive has the aim of protecting consumers, has it gone too far and made a crack in the data protection EU legal framework? Can personal data be treated as a commodity or is its scope as a counter-performance subject to a particular interpretation? I shall analyze these questions in light of the European Data Protection Supervisor’s Opinion 4/2017 and the European Data Protection Board’s Guidelines 2/2019.

scholarly journals EVOLUTION OF STREAMING SERVICES: METHODS TO FIGHT PIRACY

Globus ◽  
2021 ◽  
Vol 7 (1(58)) ◽  
pp. 31-37
Author(s):  
Georgy Denisovich Belousov
Keyword(s):  
Digital Content ◽  
Digital Piracy ◽  
Policy Changes ◽  
Current State ◽  
Research Material ◽  
Retail Prices ◽  
Streaming Services ◽  
The Russian Federation ◽  
Recent Policy ◽  
The Eu

The main goal of the article is to analyze and present the current state of digital piracy in the Russian segment of the Internet, taking into account the evolution of streaming platforms. The Russian Federation was chosen as the object of research, since it is in this country that the majority of copyright infringers are represented. The content of the article will show the main channels for the distribution of illegal digital content, trends in digital piracy on the Runet and the amount of money that copyright holders lose, as well as provide information on how much digital pirates earn by illegally distributing digital content. The research material is the data of the MUSO annual report for 2020, the data of the BSA report for 2020, as well as the research of J’son & Partners Consulting for 2019. In this study, the global digital piracy figures will be divided into different industries, and the EU website blocking process will be analyzed to compare similar practices in Russia as an example of an anti-piracy measure. Since 2015, the digital piracy market in Runet has been growing steadily until 2029 — from $ 32 to $ 87 million. But with recent policy changes and the introduction of new ones, the market has finally begun to decline — from $ 87 million to $ 63 million. Russia has been taking steps to combat digital piracy since 2013, when a law was adopted in this area. The study concludes that the digital content market, like any other market, can be affected by the influence of monopolies. The monopoly of digital rights is causing what can be called double marginalization, which increases the value of producer-generated content and retail prices, and also reduces the demographics of that digital content.

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