The proposed directive for the supply of digital content: is it fit for purpose?

Hoekstra, Johanna and Diker Vanberg, Aysem. 2019. The proposed directive for the supply of digital content: is it fit for purpose? International Review of Law, Computers & Technology, 33(1), pp. 100-117. ISSN 1360-0869 [Article]

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Abstract or Description

In December 2015, the European Commission proposed a new Directive for the Supply of Digital Content. This Directive was presented along with a second proposed Directive on Online and Distant Sale of Goods. These proposed Directives form part of the European Union Digital Single Market Strategy. This paper critically examines the Directive for the Supply of Digital Content to establish whether it fits the purposes for which it is drafted and whether it fits the goals of the Digital Single Market Strategy. It is submitted that although the Directive is presented as part of the Digital Single Market Strategy and as an instrument to fill a gap in the Consumer Acquis, it is mainly concerned with harmonising contract law and it is driven by the Commission?s previous failed attempts to harmonise Contract law. The paper also highlights that in its current form due to some of its requirements on businesses the proposed Directive may lead to negative consequences for consumers. The paper argues that the Directive and some of its provisions needs to be revisited.

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“This is an Accepted Manuscript version of the following article, accepted for publication in International Review of Law, Computers & Technology. It is deposited under the terms of the Creative Commons Attribution-NonCommercial License (, which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited.”


Law, European Union, Contract Law, Consumer Protection, Digital Market, Digital content, harmonisation of contract law, Digital Single Market Strategy

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11 October 2018Accepted
6 January 2019Published Online

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Date Deposited:

02 Feb 2022 11:52

Last Modified:

03 Feb 2022 05:20

Peer Reviewed:

Yes, this version has been peer-reviewed.


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