Publication details

Digital Content Portability and its Relation to Conformity with the Contract

Authors

KOUKAL Pavel

Year of publication 2021
Type Article in Periodical
Magazine / Source Masaryk University Journal of Law and Technology
MU Faculty or unit

Faculty of Law

Citation
Web https://journals.muni.cz/mujlt/article/view/13986
Doi http://dx.doi.org/10.5817/MUJLT2021-1-3
Keywords Digital Content; Portability; Accessibility; Conformity with the Contract; Consumer Remedies; CESL; Serious Breach of the Contract
Description In this paper, the author analyses the possible convergences and divergences of two pieces of EU legislation: The Portability Regulation and the Digital Content Directive. Both EU laws address the issue of access to digital content from different perspectives and complement each other. However, they use different legal terminology and, in some respects, have a different scope of application (mainly about the requirement of monetary counter-performance). The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of "conformity of the digital content with the contract" [Art. 6 (1), (2) Digital Content Directive]. The author explains that the consumer who is not allowed to use the digital content in the EU Member States besides the Member State of his or her residence should be entitled to assert legal claims arising from the non-conformity of the digital content with the contract.

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