The proposed directive for the supply of digital content: Is it fit for purpose?

Johanna Hoekstra, Aysem Diker-Vanberg

Research output: Contribution to journalArticlepeer-review

Abstract / Description of output

In December 2015, the European Commission proposed a new Directive for the Supply of Digital Content. This Directive was presented along with a second proposed Directive on Online and Distant Sale of Goods. These proposed Directives form part of the European Union Digital Single Market Strategy. This paper critically examines the Directive for the Supply of Digital Content to establish whether it fits the purposes for which it is drafted and whether it fits the goals of the Digital Single Market Strategy.

It is submitted that although the Directive is presented as part of the Digital Single Market Strategy and as an instrument to fill a gap in the Consumer Acquis, it is mainly concerned with harmonising contract law and it is driven by the Commission’s previous failed attempts to harmonise Contract law. The paper also highlights that in its current form due to some of its requirements imposed on businesses the proposed Directive may lead to unintended consequences for consumers. The paper argues that the Directive and some of its provisions needs to be revisited.
Original languageEnglish
Pages (from-to)100-117
Number of pages18
JournalInternational Review of Law, Computers & Technology
Issue number1
Early online date6 Jan 2019
Publication statusPublished - 2019

Keywords / Materials (for Non-textual outputs)

  • digital content
  • harmonisation of contract law
  • Digital Single Market Strategy


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