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Legal Remedies of the Consumer in the New Directive concerning Contracts for Digital Content and Digital Services

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Issue 2019/8
Pg 568-577

Summary

The Directive concerning contracts for the supply of digital content and digital services, which was adopted at the beginning of summer this year, focuses on governing legal remedies that the consumer can use in a situation where the supplied digital content or digital service does not conform to the contract, i.e. it has deficiencies. The article provides an overview of the Directive’s regulation of legal remedies and analyses how the Directive’s rules differ from the rules of legal remedies in the Estonian Law of Obligations Act. This, in turn, enables one to evaluate whether and to what extent the transposition of the Directive means new principles for Estonian contract law. For clarification, it should be noted that the new Directive only governs the legal remedies of the consumer, and not those of businesses: the Directive does not bring about changes regarding contractual legal remedies of businesses.

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