The Roadmap for completing the Digital Single Market Strategy, published on 6 May 2015 underlines the need of legislative proposals for simple and effective cross-border contract rules in order to create better access for both consumers and businesses to digital goods and services across Europe. The absence of consistent EU wide objectives and criteria creates entrance barriers, hinders competition and reduces predictability for investors throughout Europe. Already in 2011 digital content products were the subject of specific provisions in the Directive 2011/83/EU on consumer rights (CRD) and in the Proposal for a Common European Sales Law (CESL). The aim of the EU legislator was for these measures to stimulate the circulation of digital content products within the EU, to contribute to enhancing consumer protection and therefore also consumer confidence in cross-border transactions, as well as to encourage the standardization of the involved contracts. By focusing on the specific provisions of CRD concerning distance contracts to be concluded by electronic means this contribution aims to offer some thoughts about the methodological approach of the EU legislator to digital content products. With the CRD as its focal point, the contribution also engages in a wider analysis of some crucial issues of EU contract law. The analysis of positive aspects as well of problems and fragmentation which have arisen from the implementation of the CRD is thought to provide useful guidance for the question which path the EU legislator should take for the next stage of drafting the new ‘Digital Single Market Strategy’ for Europe. I begin with some general observations on the degree of harmonization that the EU legislator seeks to pursue in its legislation before moving to the more specific issue of ‘internet cost traps’ and the method of sanctioning these suggested by the CRD.
The EU Digital Single Market Strategy in Light of the Consumer Rights Directive: The 'Button Solution' for Internet Cost Traps and the Need for a More Systematic Approach
DE FRANCESCHI, Alberto
2015
Abstract
The Roadmap for completing the Digital Single Market Strategy, published on 6 May 2015 underlines the need of legislative proposals for simple and effective cross-border contract rules in order to create better access for both consumers and businesses to digital goods and services across Europe. The absence of consistent EU wide objectives and criteria creates entrance barriers, hinders competition and reduces predictability for investors throughout Europe. Already in 2011 digital content products were the subject of specific provisions in the Directive 2011/83/EU on consumer rights (CRD) and in the Proposal for a Common European Sales Law (CESL). The aim of the EU legislator was for these measures to stimulate the circulation of digital content products within the EU, to contribute to enhancing consumer protection and therefore also consumer confidence in cross-border transactions, as well as to encourage the standardization of the involved contracts. By focusing on the specific provisions of CRD concerning distance contracts to be concluded by electronic means this contribution aims to offer some thoughts about the methodological approach of the EU legislator to digital content products. With the CRD as its focal point, the contribution also engages in a wider analysis of some crucial issues of EU contract law. The analysis of positive aspects as well of problems and fragmentation which have arisen from the implementation of the CRD is thought to provide useful guidance for the question which path the EU legislator should take for the next stage of drafting the new ‘Digital Single Market Strategy’ for Europe. I begin with some general observations on the degree of harmonization that the EU legislator seeks to pursue in its legislation before moving to the more specific issue of ‘internet cost traps’ and the method of sanctioning these suggested by the CRD.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
