Digital contract rights

Key points:

The EESC agrees that a number of the matters raised in the Communication on Digital contract rights need to be regulated but considers that other factors, which it identifies in this opinion on digital content and online sales of goods, are far more important than contractual rights in contracts for the online sale of tangible goods.

In principle, consistent with its previous positions, the EESC is in favour of a regulation instead of a directive and disagrees with the legal basis chosen by the Commission. The Committee proposes Article 169 TFEU instead; consequently, it proposes that the measures adopted should be based on minimum harmonisation.

However, in the case of the Proposal for the supply of digital content, for pragmatic reasons, it accepts the Commission's suggestion of targeted full harmonisation even though it believes that insufficient reasons are given for taking this.

Furthermore, the EESC is of the view that, because the Commission's proposal for the sale of online goods establishes two systems, an unacceptable difference is created in the treatment of online and offline sales of goods.

Other relevant EESC opinions:

• Common European Sales Law (INT/600)
• European contract law (INT/524)
• Business-to-business electronic markets (INT/250)

• E-business/Go Digital (INT/192)
• Helping SMEs to Go Digital (INT/106)
• Electronic commerce (INT/018)

For more information please contact the INT Section Secretariat.