ABSTRACT SECOLA Tartu, June 2016

Slides:



Advertisements
Similar presentations
Extended Collective License – what, when, where?
Advertisements

Unfair Contract Terms in Consumers Contracts in the pCESL Ursula Pachl Deputy Director General European Parliament Legal Affairs Committee (JURI) 31 May.
Presentation at the Legal Affairs Committee of the European Parliament 19 June 2012, Brussels Prof. dr. M.B.M. Loos Centre for the Study of European Contract.
Kåre Lilleholt Comparative Private Law A Common European Sales Law? Proposal for regulation: COM(2011) 635 final An optional 2 nd regime for cross-border.
ICP 25 CONSUMER PROTECTION Y. Priya Bharat. ICP 25: CONSUMER PROTECTION. Principle: Minimum requirements for Insurers and Intermediaries in dealing with.
Debate # 8. Legal or regulatory barriers Light-touch regulation has served the European game industry well : Two-digit growth EU based industry enjoys.
1 Diversity versus Unity: Reflections on the Future of Copyright Law in the European Union Sixth Advanced Research Forum on Intellectual Property Rights.
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
STEPH SHAW February  10 credits  Unit co-ordinator: Steph Shaw  Lecturer: Steph Shaw  Aims: develop an understanding of the legal liabilities.
International Commercial Law Towards a Common Contract Law? University of Oslo Giuditta Cordero Moss, Ph.D., Dr.Juris Professor, Oslo University.
Business Legislation by Prof. S. Mitra
Commercial operations in foreign trade.  Classical forms of international trade  Concept and content of international commercial operations  Export.
Making the Services Directive Work Dublin 6 March 2014 Services Directive and why it matters.
E – Commerce and the Applicable Law Rules Judge Ehab Maher Elsonbaty Judge of South Sinai Court in Egypt and Visiting Scholar in the Institution for computer.
Supplies by pharmacists to entities other than patients.
Eric J. Pritchard One Liberty Place, 46 th Floor 1650 Market Street Philadelphia, Pennsylvania (215)
Business Law Chapter 13: Business Law in the Internet Era.
1 Security-related internal market measures on explosives FEEM AGM, Brussels, 5 June 2013 Julian Foley Desk Officer – Civil explosives and pyrotechnic.
Dr Sharon Azzopardi. k What is Convergence? A Union of Media Print Television Camera Telephone Radio Internet A Union of Services Data Voice Video.
Introduction to EU Civil Judicial Cooperation Dr. Francesco Pesce Assistant Professor in International Law Università degli Studi di Genova (IT)
Transboundary Trust Space September 19, 2012 Development trends of legal acts in forming valid transboundary electronic interaction Alexander Sazonov Regional.
International Cooperative Banking Association ICBA Paris 21/11/2008 Cooperative Groups and European Legislation Apostolos Ioakimidis Commission of EU,
1 GIE Annual Conference Madrid, November 2007 Investing in Europe‘s Future – the Role of Regulators David Halldearn Senior Adviser, European Affairs.
Dr. Christian Schmies 28. June 2013 The Common European Sales Law - Some Policy Questions -
Johann Ruben Leiss, MLE, LL.M. (EUI) - PhD Research Fellow, Stipendiat - The CESL and the Initiative on Contract Rules for Online Purchases from a Comparative.
1 Public Procurement Local Government Network Conference Warsaw Thorsten Behnke 26 April 2005.
Directorate General for Enterprise and Industry European Commission The New Legislative Framework - Market Surveillance UNECE “MARS” Group meeting Bratislava,
PRESENTED AT THE STAKEHOLDERS FORUM ON QUALITY OF SERVICE AND CONSUMER EXPERIENCE LAICO REGENCY HOTEL Creating Space for Consumer Rights in.
Fabio Bortolotti The Common European Sales Law A useful tool for business or a useless additional set of rules? 2012 IDI Conference - Venice.
Ecommerce Applications 2007/8 E-Commerce Applications UK e-Commerce Regulations.
Tamas Dezso Czigler Ghent University 21/05/2013 HOW TO DEVELOP EU CONSUMER LAW? A snapshot of weaknesses and basic points of a possible future reform.
The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.
1 Scope of the proposed Directives (distance sales (ODSDir) + supply of digital content (DCDir)) Prof. Matthias E. Storme Institute for commercial and.
European enforcement order for uncontested claims Regulation n. 805/2004 of the European Parliament and of the Council of April
ACCESS TO JUSTICE IN THE EUROPEAN UNION presentation JOHN HONTELEZ, SECRETARY GENERAL EUROPEAN ENVIRONMENTAL BUREAU Seminar Dublin 26 February 2010.
František Nonnemann Skopje, 10th October 2012 JHA Data protection and re-use of PSI as a tool for public control–CZ approach.
TRANSBORDER DATA FLOWS INA MEIRING. THE PROTECTION OF PERSONAL INFORMATION ACT (“POPI”) > 'personal information' means information relating to an identifiable,
LEGAL AFFAIRS Brussels 17 February 2016 Workshop on New rules for contracts in the digital environment The new proposal for harmonised rules on certain.
Paolo Santella, Bank of Italy.06 July 2016Dias 1 Seminar Company Law and SMEs Aarhus School of Business – 10 November 2008 The Case in Favour of the European.
Overview of DOL Fiduciary Rule
APEC E-Commerce Business Alliances Forum Jinjaing, China June 2016 Shintaro Hamanaka Institute of Developing Economies (IDE-JETRO) E-commerce Chapter.
Prof. Giorgio F. COLOMBO. Lesson n.1  The CEO of a Japanese company trading cars and the CEO of an Italian company manufacturing cars meet at a business.
The Draft Common Frame of Reference – background and contents
Heading in the wrong direction
European Union Law Law 326.
The ADR Directive and what it means
▸ Agustín Reyna Conference dedicated to European Consumer Day Vilnius
Exchange of information between Member States
Interactive Gaming Council Board Meeting I-Gaming Legal status
19 October 2017, Singapore D v3.
DIRECTORATE GENERAL FOR INTERNAL POLICIES
17 October 2017, Hong Kong D v2.
Online platforms Brussels, September 2016.
International Marketing
A Long-Term Policy Solution for Taxing Digitalized Business Models
The Mutual Recognition Regulation
DIRECTORATE GENERAL FOR INTERNAL POLICIES
Commission proposal for a Directive on
“PROPOSAL FOR A REGULATION ON A COMMON EUROPEAN SALES LAW (CESL)”
INTRODUCTION INTO PRIVATE INTERNATIONAL LAW OF THE EUROPEAN UNION
NUTS levels below level 3
Prof. Dr. Martin Senftleben Vrije Universiteit Amsterdam
Paul Varul Partner, Law Firm VARUL (Estonia)
Tools & Approaches for Ongoing Privacy Compliance
Andrea Sundstrand Associate Professor
Overview – Eurostat database
Comitology and the Treaty of Lisbon
Outline Background: development of the Commission’s position
European Company Law Dorota Wieczorkowska
Prodcom Working Group JMO M November 2012
Presentation transcript:

ABSTRACT SECOLA Tartu, June 2016 A digital CESL II: A paradigm for contract law via the backdoor? Christina Ramberg Professor of Private Law, Stockholm University, Sweden This session presents the proposed directive on sale of digital content. I give examples of products that provides digital content and their special features. The overarching question is whether any special rules for digital content are needed. To my opinion, such rules are not necessary. The presentation covers the problems specific to digital contents and how the proposed directive partly suggests to solve them and partly refrains from addressing them. My conclusion is that the special legal problems created by digital content are not solved by the provisions in the proposed directive, either because the proposal does not address them or because the provisions do not provide sufficient guidance for the individual case. I also discuss the general matters regarding the need for easily accessible legal rules and the danger of substituting one problem (uncertainty about the law) with another problem (classification and categorization to determine the scope of application).

Proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content, COM(2015) 634 final 2015/0287 (COD)

Examples of sale of digital contents Streaming services of film, books and music Cyber butler services Games Gambling E-learning products Networking products (Facebook, Linkedin) Accounting/bookkeeping programs News subscriptions Storage of digital material (cloud services) Healthcare services Fitness services Financial services Subscription for contracts and other template documents

SCOPE OF APPLICATION covers also non-electronically stored data does, however, not cover embedded digital content does not apply to personal (physical) services

Only lawyers are happy about definitions and scope of application problems

In sum, it is hard to determine which transactions the proposed directive covers. This will lead to uncertainty and confusion among lawyers giving advice to the digital content industry. Confusion is a great hindrance to cross-border transactions.

Special features of digital content Are they “special”? Low distribution costs Often high production costs for the first product and low production costs for the following products The digital content is often provided as subscriptions Payment by allowing the use of personal data Detailed standard terms (take-it-or-leave-it)

Special legal problems relating to the sale of digital content Vague contracts Defects Intellectual Property Rights The user's rights The contract term Remedies for the supplier's breach Restitution The supplier's right to redress

Regulating vs. Contracting (self regulation) It is not a question of Regulating vs. Contracting (self regulation) instead it is a question of Regulating specifically vs. Regulating generally

There is no need for a specific regulation on the sale of digital content. Instead of creating certainty, the proposal causes increased uncertainty about how to define the scope of application, the questions not addressed in the proposed directive, and about ambiguous articles in the proposal.

The proposal does not cover the formation or validity of contracts The proposal does not cover the formation or validity of contracts. The reason why this is not be micro-regulated is that the problems for concluding contracts on digital content are not different from other contracts. The same argument is valid for the rules in the proposal for digital content.

If it ain't broken, don't fix it! The Recitals state that consumers experience problems regarding quality and access to contents. I doubt that. The Recitals state that consumers are uncertain about their contractual rights. A directive will not create greater certainty. The law as it stands today does not create any significant barrier to the trade of digital content. I do not share the EU Commission's view that a new directive would enable 120,000 more businesses to sell online and that the intra-EU exports would increase by 18 billion Euro and EU GDP increase by 4 billion Euro.

Legislation will never be able to catch up with the rapid development of new contract types. This is why it is necessary to - identify the general conflicts of interests and - regulate these issues on a general level, applicable to all types of contracts.

RESTATMENT ON GENERAL CONTRACT LAW EU should embark on a bolder project: a softlaw RESTATMENT ON GENERAL CONTRACT LAW