DIGITAL CONTENT AS A SUBJECT OF THE CONTRACT Cover Image

DIGITALNI SADRŽAJ KAO PREDMET UGOVORA
DIGITAL CONTENT AS A SUBJECT OF THE CONTRACT

Author(s): Anita Petrović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Directive (EU) 2019/770; Digital content; Digital services; Consumers; Data;

Summary/Abstract: The European Union recently adopted Directive (EU) 2019/770 on certain requirements concerning contracts for the supply of digital content or digital services. The Directive regulates contracts whose subjects are data, i.e. digital content, as well as services creating, processing, access and storage of data in digital print. Such subject of regulation is still very innovative and yet unfamiliar area of the digital arena. With the introduction of data into contracts, a new chapter of contract law has been opened, because now data expressed in digital form are res in commercio. Nevertheless, not so long ago the legal nature of software, audio files, video files, applications, etc., was disputable in terms of whether they are things or services, since they are incorporeal. Given that digital content has replaced many conventional things in everyday life, the subject of this paper is meaningful. The paper will analyze the concept and legal nature of digital content and services related to digital content in the light of the new Directive (EU) 2019/770.