Dirk Staudenmayer - Böcker

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 Münster 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.

This edited volume explores EU private law and the Data Act. With insights from leading academics and practitioners, it brings welcome clarification to, and expert explanation of, a fast-moving field of consumer law.With a view to practice, the book deals with the new EU data law, which contains uniform, directly applicable regulations for fair access to data and the use of data. The contributions are based on one of the first specialist events on this topic, which brought together representatives from legal science, legal practice, business and politics. The book covers the mandatory data exchange in the relationship between data owner, user, and data recipient; the voluntary data exchange on a bilateral basis; and cloud contracts.

This new edition explains how contract and consumer law have been changed by EU legal acts with regard to legal practice in core areas of private law. It includes the most recent, already directly applicable, EU law that will significantly influence the platform economy, such as private law-relevant provisions of the Digital Market Act (DMA), private law-relevant provisions of the Digital Services Act (DSA), and the Online Intermediation Services Regulation.It goes on to comment on the European legal requirements for the German Civil Code on sales law, the sale of digital products and on electronic commerce (Sales of Goods Directive; Digital Content Directive; Consumer Rights Directive; E-Commerce Directive).The contributors, experts from across the EU, provide detailed explanations of the background and purpose of the provisions in a uniform structure and provide concrete ways of applying them.