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This edited volume explores the EU legal framework governing
digital productions. Looking specifically at smart products it sets
out the impact of the Product Liability Directive. It goes on to
discuss the Update Obligation relating to smart products and the
wider consumer law issues at play. With expertise from leading
academics and practitioners, this book brings welcome clarification
to and expert explanation of a fast-moving field of consumer law.
Digitisation is fundamentally transforming our entire economy and
our society. The datafication of business processes leads to an
incredibly fast and ever increasing mass of data. Such data is the
blood in the veins of the digital economy. Many existing and future
business models, which will drive innovation and create economic
growth, depend on being able to use this data. Trading Data in the
Digital Economy is therefore a central aspect of the development of
the EU Digital Market. In continuing with the aim of the 'Munster
Colloquia on Digital Law and the EU Economy', this book examines
the 'Legal Concepts and Tools' with a view to determining how EU
law should react to the challenges and needs of this aspect of the
digital economy. This volume is a collection of contributions to
the 3rd Munster Colloquium, held on 4-5 May 2017 in Munster,
Germany. The colloquium analysed the academic, practice-based, and
political aspects of the various legal concepts and tools
surrounding the trade in data. More specifically, the volume
focuses on the starting points and challenges, exclusivity rights,
compulsory licences, and contractual concepts.
The European Commission adopted its Digital Single Market Strategy
in May 2015. Three years later, legislative measures are emerging
which aim to tackle the unique legal problems arising from the
supply of digital content and which will shape the development of
national and European law in the future. The Digital Content
Directive is set to play a central rule in this development. Its
provisions on conformity and remedies for non-conforming digital
content concern the heart of the protection for the consumer. Its
rules will not only have to be transposed into national law over
the coming years but will also interact with existing provisions
from the Consumer Rights Directive 2011/83/EU, the E-Commerce
Directive 2000/31/EU, and the Portability Regulation 2017/1128 in
order for the legal framework on the supply of digital content to
function. The Commentary contains an in-depth, article-by-article
analysis of core provisions concerning the supply of digital
content: from the pre-contractual information duties and
cancellation rights to conformity and portability of digital
content. The contributors are legal experts from across the EU.
Their comments give not only detailed explanations of the
background and purpose of the provisions in order to assist
interpretation, but also indicate potential difficulties and
solutions in order to ease transposition and implementation of the
rules on the supply of digital content. It will be an essential
guide for legislators, practitioners and scholars.
This fifth volume from the Munster Colloquia on EU Law and the
Digital Economy focuses on one of the most important challenges
faced by private law in this era of digitalisation: the effects of
'data as counter-performance' on contract law; a phenomenon
acknowledged by the EU legislator in the new Digital Content
Directive 2019/770. In the book, legal experts from across Europe
examine various issues, in particular contract performance and
restitution and the relationship between contract law and data
protection.
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