KÚPNE ZMLUVY UZATVÁRANÉ ON-LINE A KÚPA DIGITÁLNEHO OBSAHU – ÚVAHY O NOVEJ REGULÁCII
Online purchase contracts and purchase of digital contents – reflections on a new regulation
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The paper introduces the key elements of the two recently published European digital contract rules proposals - the draft directive on certain aspects concerning contracts for the supply of digital content and the draft directive on contracts for the online and other distance sale of goods, both of them aiming (as part of the EU’s Digital Single Market Strategy initiative) to harmonise the „decisive rules“ concerning contracts either for the supply of digital content or for the online sale of goods. As instruments drafted as “maximum harmonization measures“ trying to overcome the „legal patch-work“ in the area of consumer contract law, the proposed directives should reduce the barriers to the growth of cross-border e-commerce in the EU and thus simplify and promote better access for consumers and businesses to digital content and online sales across the EU. This paper addresses the most significant aspects of the proposed regimes (scope of application, key provisions, models of standards of conformity, remedies available to consumers etc.) set in the broader context of European contract law in form of its “hard law” instruments, however, not avoiding demonstration of possible application complications. The paper also shows the legislative progress achieved during the Dutch and the Slovak Presidency of the Council of the EU. Based on detailed analysis of the proposed legislation, the authors attempt to outline its potential impact on the Slovak legal environment (particularly considering the actual private law re-codification activities).
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