scholarly journals Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law

2021 ◽  
Vol 30 ◽  
pp. 40-48
Author(s):  
Kristiina Koll
Keyword(s):  
German Law ◽  
Cloud Service ◽  
Digital Content ◽  
Web Based ◽  
Contractual Relationship ◽  
Legal Remedies ◽  
Digital Services ◽  
Provision Of Services ◽  
Consumer Contracts ◽  
The Eu

The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.

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?

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 Building Community and Collaboration Applications for MMOGs

2012 ◽  
Vol 2012 ◽  
pp. 1-13 ◽  
Author(s):  
George Adam ◽  
Christos Bouras ◽  
Vaggelis Kapoulas ◽  
Andreas Papazois
Keyword(s):  
Online Community ◽  
Massively Multiplayer Online Games ◽  
Core Element ◽  
Web Based ◽  
Network Game ◽  
Provision Of Services ◽  
Building Community ◽  
Game Developers ◽  
Collaborative Activities ◽  
P2p Technology

Supporting collaborative activities among the online players are one of the major challenges in the area of Massively Multiplayer Online Games (MMOG), since they increase the richness of gaming experience and create more engaged communities. To this direction, our study has focused on the provision of services supporting and enhancing the players' in-game community and collaboration activities. We have designed and implemented innovative tools exploiting a game adaptation technology, namely, the In-game Graphical Insertion Technology (IGIT), which permits the addition of web-based applications without any need from the game developers to modify the game at all, nor from the game players to change their game installation. The developed tools follow a design adapted to the MMOG players' needs and are based on the latest advances on Web 2.0 technology. Their provision is performed through the core element of our system, which is the so-called Community Network Game (CNG) Server. One of the important features provided by the implemented system's underlying framework is the utilization of enhanced Peer-to-Peer (P2P) technology for the distribution of user-generated live video streams. In this paper, we focus on the architecture of the CNG Server as well as on the design and implementation of the online community and collaboration tools.

scholarly journals EU Postal Directives and Croatian Regulatory Frame

2012 ◽  
Vol 22 (4) ◽  
pp. 309-317
Author(s):  
Pero Tabak ◽  
Slobodan Kaštela
Keyword(s):  
Necessary Conditions ◽  
Market Competition ◽  
Accounting System ◽  
Comparison Analysis ◽  
Technical Standards ◽  
Provision Of Services ◽  
Postal Services ◽  
Reserved Area ◽  
The Eu

The paper compares the EU Postal Directives (97/67/EZ and 2002/39/EZ) in a consolidated text and the respective parts of the Croatian legislative frame with the aim of harmonising the national postal system with EU. Both regulatory frames are presented, as well as objectives and scopes, types of postal services (particularly the universal ones), reserved area, necessary conditions governing the provision of services, tariff principles, insurance of market competition through transparency of financing and separation of the accounting system, desired quality of universal services, harmonisation of technical standards and obligations of national regulatory authorities. By presenting individual chapters of the Post Directives, some specific solutions of the Croatian regulatory framework have been indicated and uncertainties which result from the comparison analysis of the European Postal Directives and the Croatian legislation as well as the influence of these documents on the postal traffic technology. KEY WORDS: EU Postal Directives, Croatian postal regulatory frame, universal services

Sign in / Sign up

Export Citation Format

Share Document