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Economic and Social Policies, PUBLICATIONS

Contracts for supply of digital content to consumers [EU Legislation in Progress]

Written by Rafał Mańko (3rd edition),

Electronic circuit on hand shaking on blue background

© anueing / Fotolia

The digital content directive was proposed by the European Commission as part of a legislative package, alongside the online sales directive, to facilitate the development of the internal market for such content. The Council agreed on a general approach on the proposal on 8 June 2017. This seeks to clarify the relationship between the proposed contract law rules and the personal data protection regime – an issue which has been hotly debated. Furthermore, it strengthens the position of consumers with regard to conformity and remedies.

As for the Parliament, a draft report was published in November 2016 by the two co-rapporteurs, who proposed to expand the directive’s scope to include digital content supplied against data that consumers provide passively, while also strengthening the position of consumers as regards criteria of conformity. Objective criteria would become the default rule, with a possibility to depart from them only if the consumer’s attention were explicitly drawn to the shortcomings of the digital content.


Proposal for a directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content
Committee responsible: Internal Market and Consumer Protection (IMCO) and Legal Affairs (JURI) (jointly) COM(2015)634 of 9.12.2015

procedure ref.: 2015/0287(COD)

Ordinary legislative procedure

Co-rapporteurs: Evelyne Gebhardt (S&D, Germany)
and Axel Voss (EPP, Germany)
Shadow rapporteurs:











Eva Maydell (EPP, BG)

Virginie Rozière (S&D, FR)

Daniel Dalton (ECR, UK)

Angel Dzhambazki (ECR, BG)

Jean-Marie Cavada (ALDE, FR)

Kaja Kallas (ALDE, EE)

Dennis de Jong (EUL/NGL, NL)

Jiří Maštálka (EUL/NGL, CZ)

Julia Reda (Greens/EFA, DE)

Laura Ferrara (EFDD, IT)

Marco Zullo (EFDD, IT)

Next steps expected: Adoption of committee report



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The content of all documents (and articles) contained in this blog is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Copyright © European Union, 2014. All rights reserved

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