EU Digital Law

2020 ◽  

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.

2019 ◽  
pp. 453-470
Author(s):  
Andrew Murray

This chapter examines how consumers are protected when they go online. It examines the extensive protections offered by the Consumer Rights Directive to distance agreements (including online agreements). The rules on jurisdiction, choice of law, and enforcement are examined alongside what rights the consumer has to receive information and to cancel contracts agreed at a distance. In addition, this chapter examines the suite of rights created by the Consumer Rights Act 2015 and, in particular, the new provisions therein which digital content (including software, apps, and in-game content among others). The chapter continues with a discussion of the regulation of unsolicited commercial communications or spam, including a discussion of the Directive on Privacy and Electronic Communications, GDPr, and the proposed ePrivacy Regulation. The chapter concludes with a discussion of the proposed online sales and Digital Content Directives.


2015 ◽  
Vol 9 (1) ◽  
pp. 21-41
Author(s):  
Agata Jaroszek

The paper aims at discussing the rationale for protecting consumers under the new directive on consumer rights (CRD) and its relation to conflict of law rules under the Regulation on the law applicable to contractual obligations (Rome I).The author is of the opinion the newly adopted legal framework for consumer protection under the directive on consumer rights seems to be more predictable especially in terms of supporting consumers with more mandatory information before the conclusion of a contract with a professional as well as a single 14 day withdrawal period for all Member States. However, the level of consumer protection in the purchase of digital content is insufficient and from the perspective of conflict of laws rules for consumer contracts under Rome I, a consumer who actively makes a purchase from a professional from another Member State or a third country cannot expect the special protective rules envisaged in the regime under CRD and Rome I to be applied by default; rather, the general rules come into play.


2019 ◽  
Vol 125 ◽  
pp. 13-26
Author(s):  
Teresa Idzikowska ◽  
Paulina Rutkowska

The article discusses the subject of new European regulations regarding unmanned aerial vehicles (UAV), which define the rules for the use of UAV systems in the European airspace. The introduced legal framework defines the technical requirements for the UAVs, UAV categorization and classification of performed operations in terms of risk, UAV certification matters, rules for the introduction on the uniform European market and their supervision, as well as personnel conditions necessary to ensure compliance with the general requirements. These activities are aimed at development of the UAV market and integration with manned aviation in a safe and environmentally friendly way. The article presents the process of establishing the European regulatory structure for civil UAVs.


Author(s):  
Robert Krimmer ◽  
Andriana Prentza ◽  
Szymon Mamrot ◽  
Carsten Schmidt

AbstractThe Single Market is one of the cornerstones of the European Union. The idea to transform it into a Digital Single Market (DSM) was outlined several years ago. The EU has started different initiatives to support this transformation process. One of them is the program Horizon 2020 to support the process from a technical point of view. In parallel to this, initiatives were started to set up a sound legal framework for the DSM. The Single Digital Gateway Regulation (SDGR) is an outcome of these initiatives. The key aspect of the SDGR is the underlying Once-Only Principle (OOP), outlining that businesses and citizens in contact with public administrations have to provide data only once. “The Once-Only Principle Project (TOOP)” is the EU-funded project initiated for research, testing, and implementation of the OOP in Europe. The authors give an overview of the research questions of the different parts of TOOP. Besides that, they introduce the other chapters of this book and what the reader can expect as the content of them.


2020 ◽  
Vol 15 (28) ◽  
pp. 37-85
Author(s):  
Judit Barta

This research studies the law measures of the European Union aiming Energy Union regarding consumer protection in the view of the process of the legislation of the consumer protection, the development of the consumer rights up until the latest Directive 2019/944. Provisions of consumer protection of the Directive are reviewed. The second part of this research looks at the consumer protection on the fields of the electricity service in Hungary, considering how much it complies with the EU regulation.


Legal Studies ◽  
2017 ◽  
Vol 37 (1) ◽  
pp. 78-102 ◽  
Author(s):  
Paula Giliker

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?


Author(s):  
Katarzyna Chałubińska-Jentkiewicz

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.


2016 ◽  
Vol 4 ◽  
pp. 597-602
Author(s):  
Andrius Puksas

Representatives of undertakings are familiar with the importance of carefully handling and protecting personal data. However, this does not lessen the importance of improving legislation regarding data management. Both the content and quantity of information have value and potentially determine the strength of the undertakings that can access such information. This influences the constant growth in demand to improve the legal framework. The consumers and institutions responsible for consumer protection are the main initiators and stakeholders of such demand. The constant growth in the amount of preserved data more sharply raises the questions about data protection. The potential risk raises proposals enabling a competition law in data protection. The article examines such possibility in the light of digital single market. This possibility is analyzed in the light of interaction between the data protection and competition law and covers trends on enabling competition law in data protection. To ensure proper data protection, cooperation among institutions should be encouraged.


2019 ◽  
Vol 5 (2) ◽  
pp. 34-42
Author(s):  
Maria De Almeida Alves

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.


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