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Duur: 2010 - 2011
In opdracht van:
Europese Commissie
Auteurs: Marco Loos, Chantal Mak (beiden CSECL),
Bernt Hugenholtz en
Natali Helberger
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Digital content services for consumers: Comparative
analysis of the applicable legal frameworks and
suggestions for the contours of a model system of
consumer protection in relation to digital content
services, Report 1: Country reports, Centre for the
Study of European Contract Law (CSECL) & Institute for
Information Law (IViR), 2012, 432 pp.
The Centre for the
Study of European Contract Law (CSECL) and the
Institute for Information Law (IViR) were
commissioned by the European Commission to conduct a
study on digital content services for consumers.
This report contains the country reports of 9 Member
States - Finland, France, Germany, Hungary, Italy,
The Netherlands, Poland, Spain and the United
Kingdom - and two legal systems from outside the EU,
i.e. Norway and the United States. The country
reports contain the responses of national experts to
a questionnaire developed by the CSECL and the IViR.
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(met M.B.M. Loos,
L. Guibault, C. Mak,
L. Pessers, K.J. Cseres,
B. van der Sloot & R. Tigner),
Analysis of the applicable legal frameworks and
suggestions for the contours of a model system of
consumer protection in relation to digital content
contracts, Final Report, Comparative analysis, Law &
Economics analysis, assessment and development of
recommendations for possible future rules on digital
content contracts.
Zie voor meer informatie
ook de
website van de Europese Commissie.
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(met M.B.M. Loos,
L. Guibault, C. Mak)
The Regulation of Digital Content Contracts in the
Optional Instrument of Contract Law, European Review of
Private Law, 2011-6, p. 729-758.
The past decade has
shown a rapid development of the markets for digital
content. The further development of these markets,
however, may be hindered because of the lack of a
functioning legal framework to deal with digital
content contracts. In this article, it is argued
that the future Optional Instrument should contain
rules governing digital content contracts. Moreover,
suggestions are made as to the content of such
rules.
Samenvatting :
The Centre for the Study of European Contract Law (CSECL) and the Institute
for Information Law (IVIR) have won a European tender for a joint research
project concerning ’the legal framework for digital content services
for consumers’. The project has been assigned by the Executive Agency
for Health and Consumers and will run for a period of approximately one year.
The funding amounts to 205.000 euro.
The consumption of digital content becomes an integral part of the daily
life of Europe’s digital consumers of all ages, professions and levels
of experience. More and more digital services serve consumers’ demand
for information, education, entertainment and communication: music downloads,
online gaming, online publishing and the purchase of e-books, subscription
to podcasts, webcast and streaming services, network sites like Facebook,
et cetera. However, what is the legal position of the digital consumer in
the event that anything goes wrong: videos that won’t play, eboks that
cannot be copied, pieces of music that collect personal information about
the consumer? The regulation of these services raises many questions. How
can consumer interests be protected on the market for online content services?
Are consumer protection rules regarding offline services equally applicable
to digital services online, or is there a need for additional (European)
legislation? With the help of a network of international national correspondents,
CSECL and IVIR researchers will draft a wide-ranging legal-comparative report
on the topic and will present policy recommendations of how to guarantee
consumers an adequate level of legal protection when purchasing digital services
online.
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