The Consumer Rights Directive and Its Implications for Consumer Protection Regarding Intangible Digital Content

Dominika Bezáková

Abstract

The provision of digital content delivered in a process of streaming or downloading, thus not on tangible media of expression, came with immense digital and technological revolution central for electronic commerce. Yet, it is not clear what rights, if any, consumers have with respect to these transactions, as gaps in legislation cause troublesome consumer protection lacuna. To address these issues, inter alia, the new Consumer Rights Directive was adopted. This article explores the reasons for adoption of the new measure, as well as its practical impact on consumer protection regarding these products. As the level and scope of consumer protection greatly depends on the legal nature of the product, analysis of the legal definition of intangible digital content is provided. Moreover, the consumer protection in electronic transaction features a distinct right of withdrawal, hence the use and application of this right is examined as well. The last part of the article discusses the causes of consumers´ detriment and seeks to evaluate whether the Consumer Rights Directive has clarified the matter of consumer remedies in the case of detriment, or whether the area remains uncertain.

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