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Changes to consumer law in relation to the provision of digital content and services

Publication at Faculty of Law |
2023

Abstract

The main objective of the article is to present in a structured way the new legal regulation of the provision of digital content and services, which has been brought to the Czech legal system by the implementation of the EU consumer directives. The main added value of the new regulation, which has been incorporated into the Civil Code and the Consumer Protection Act, lies in the creation of a new framework for the digital environment and the creation of institutes providing sufficient protection for the contracting parties.

An example is the definition of digital content or service and the comprehensive regulation of compliance with the contract and the consequences of breach of duty. A fundamental change is the admission of consideration for digital content or services consisting in the provision of personal data.

This approach, which has to take into account both the human rights dimension of personal data and its property value, will certainly lead to a major debate in the future on the permissibility or limits of the parties' negotiations.