Pojam ugovora o isporuci digitalnog sadržaja ili digitalne usluge
The Notion of the Contract for the Supply of Digital Content or Digital Services

Author(s): Anita Petrović
Subject(s): Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Directive (EU) 2019/770; Digital content; Digital services; Price; Personal data; "Free" digital content;
Summary/Abstract: European contract law has seen significant changes in recent years. Contract law that once suited specific period of time and particular market relationships has now entered the new age of digital technologies. As a consequence of this "fourth industrial revolution" legislative measures are being adopted at the EU level, with the purpose of modernizing European contract law to meet the requirements of the digital market. In the digital world of data, data is a tradable commodity as any other good and can be an independent element of the contract or "consideration". In order to regulate contractual relations that already exist in practice, Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services was adopted on 20 May 2019. It came into force on 1 January 2022. For the first time at the EU level and the most member states, this Directive has regulated contracts for the supply of digital content or digital service. It governs contracts where the trader supplies data to the consumer, and the consumer pays a price. However, what is even more important is that the scope of the Directive also includes situations where the trader supplies digital content or digital services to the consumer in exchange for his personal data. The aim of the paper is to critically analyze the legal notion of the contract for the supply of digital content or digital services, especially bearing in mind the new definitions of digital content and digital service, and to analyze the legal regulation of "free" digital content or services.

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