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Tytuł

Treści cyfrowe – ujęcie definicyjne w unijnych i krajowych regulacjach prawnych

Keywords

Digital content, digital services, consumer protection law

Słowa kluczowe

treści cyfrowe, usługi cyfrowe, prawo ochrony konsumentów

Abstract

This paper deals with the issue of defi ning digital content in existing as well as planned European and national legislation. The term ‘digital content’ was defi ned for the fi rst time in EU law in Article 2 point 11 of Directive 2011/83/EU as ‘data which are produced and supplied in digital form’ – this defi nition corresponded to the postulate of technological neutrality. Similarly, a broad approach to digital content has been adopted under the Common European Sales Law (CESL). The scope of ‘digital content’ is adjusted in some legal defi nitions to the needs of a given legal act. Such autonomous defi nition is found in Article 4 point 43 of the Directive (EU) 2015/2366 on payment services in the internal market. The consequence of a widespread usage of the term ‘digital content’ or ‘digital services’ is its incorporation into an increasing number of legal acts. Adopting different scopes of multiple defi nitions of the same, rather universally understood term, although practiced in legislation, does not support legal transparency. Diffi culties which could arise from such practices seem to have been noticed by the EU legislator. The newly proposed amendments to Directive 2011/83/ EU, which constitute part of the ‘New Deal for Consumers’, aim to unify the way of defi ning ‘digital content’ and ‘digital services’. For this reason, as well as due to the variability of the forms of digital content and digital services, the creation of defi nitions departing from the common understanding, be it autonomous or casuistic, should be avoided on the European as well as national level.

First Page

132

Last Page

140

Page Count

8

DOI

10.7172/2299-5749.IKAR.6.7.10

JEL Code

K12, K15, K24

Publisher

University of Warsaw

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