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EU Digital Law: Article-by-Article Commentary

EU Digital Law: Article-by-Article Commentary

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509923595
  • 出版时间 August 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥3,231.25
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  • 描述 
  • 大纲 
  • 详细

    The European Commission adopted its Digital Single Market Strategy in May 2015. Three years later, legislative measures are emerging which aim to tackle the unique legal problems arising from the supply of digital content and which will shape the development of national and European law in the future. The Digital Content Directive is set to play a central rule in this development. Its provisions on conformity and remedies for non-conforming digital content concern the heart of the protection for the consumer. Its rules will not only have to be transposed into national law over the coming years but will also interact with existing provisions from the Consumer Rights Directive 2011/83/EU, the E-Commerce Directive 2000/31/EU, and the Portability Regulation 2017/1128 in order for the legal framework on the supply of digital content to function.

    The Commentary contains an in-depth, article-by-article analysis of core provisions concerning the supply of digital content: from the pre-contractual information duties and cancellation rights to conformity and portability of digital content. The contributors are legal experts from across the EU. Their comments give not only detailed explanations of the background and purpose of the provisions in order to assist interpretation, but also indicate potential difficulties and solutions in order to ease transposition and implementation of the rules on the supply of digital content. It will be an essential guide for legislators, practitioners and scholars.

  • DIGITAL CONTENT DIRECTIVE (2019/770)
    Subject matter and purpose
    Article 1
    Article 2 Definitions
    Article 3 Scope
    Article 4 Level of harmonisation
    Article 5 Supply of the digital content or digital service
    Article 6 Conformity of the digital content or digital service
    Article 7 Subjective requirements for conformity
    Article 8 Objective requirements for conformity
    Article 9 Incorrect integration of the digital content or digital service
    Article 10 Third-party rights
    Article 11 Liability of the trader
    Article 12 Burden of proof
    Article 13 Remedy for the failure to supply
    Article 14 Remedies for lack of conformity
    Article 15 Exercise of the right of termination
    Article 16 Obligations of the trader in the event of termination
    Article 17 Obligations of the consumer in the event of termination
    Article 18 Time limits and means of reimbursement by the trader
    Article 19 Modification of the digital content or digital service
    Article 20 Right of redress
    Article 21 Enforcement
    Article 22 Mandatory nature
    Article 23 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC
    Article 24 Transposition
    Article 25 Review
    Article 26 Entry into force
    Article 27 Addressees
    CONSUMER RIGHTS DIRECTIVE (2011/83)
    Information requirements for contracts other than distance or off-premises contracts
    Article 5
    Article 6 Information requirements for distance or off-premises contracts
    Article 8 Formal requirements for distance contracts
    Article 14 Obligations of the consumer in the event of withdrawal
    Article 16 Exceptions from the right of withdrawal
    E-COMMERCE DIRECTIVE (2000/31)
    Article 5 General information to be provided
    Article 6 Information to be provided
    Article 7 Unsolicited commercial communication

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