Conformitatea conţinutului digital. Noi instrumente legislative europene
Compliance of the digital content. New European legislative instruments

Summary/Abstract: This study presents one of the most important achievements of the European Union in the case of the Strategy regarding the Digital Single Market, namely the regulation of the compliance warranty of the digital content, of digital services and of goods containing digital elements, materialized in Directive (EU) 2019/770 and Directive (EU) 2019/771. In an economy aiming at digitalization, the European regulation initiatives of the new legal figures arising within the scope of obligational relationships are more than welcomed. The new normative instruments are interdependent and, that is why, we decided to discuss them together. Without proposing a systematic analysis of the rules of substantive law, which it enshrines, the respective study includes the coordinates of application of those two directives. In the first part, we shall take a look at the origin of the idea underpinning the respective directives, followed by the examination of the interaction with the Rome I Regulation. We will deal with the temporal, subjective and objective scope, focusing on the terminology, which is almost distinct from the legislation existing so far: “digital content”, “digital services” and “goods with digital elements”. From the perspective of the object of the obligation, we shall examine the heterogeneous nature of the benefits which the transfer of content supposes. Finally, we intend to emphasize perhaps the most controversial contribution of the directives, namely the assimilation of personal data with an economic value, resulting in the synallagmatic classification of the obligational relationships in which the digital content is supplied in consideration of personal data.

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