Contract rules for online purchase of digital content and tangible goods – Part of Digital Single Market (Briefing – Implementation Appraisal)

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in
practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as
foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external
organisations. They are provided to assist parliamentary committees in their consideration of the new
proposals, once tabled.The 2015 European Commission proposals on contract rules for online purchase of digital content and tangible goods intend to simplify and harmonise the contract rules on the cross-border online purchases in Europe.

The proposals introduce various rules with a goal to fully harmonise provisions applicable to online purchases. These proposals try to react to the newest developments in the digital society while updating existing European legislation.

Full harmonisation can increase legal certainty on the applicable rules and interest of the customers in making cross-border purchases. As currently various different national contract rules are applied in the MS, full harmonisation would introduce the same rules applicable throughout the whole EU. This harmonisation will in general, simplify and increase customer protection in contract relations conducted online and cross-border. However, full harmonisation might have some negative impact on those MS that already have existing national legislation going beyond the text of the proposals.

Author: Milan Remáč.

ESO: Background information: Commission proposes modern digital contract rules to simplify and promote access to digital content and online sales across the EU http://www.europeansources.info/record/press-release-commission-proposes-modern-digital-contract-rules-to-simplify-and-promote-access-to-digital-content-and-online-sales-across-the-eu/

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