Directive (EU) 2019/770 of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content and digital services brings a number of novelties to the European legal area. The regulative scope of contracts for the supply of digital content or services raises important questions that arise, inter alia, from the contact between consumer contract law and the data protection law. The most important novelty introduced in this regard by Directive (EU) 2019/770 is the conclusion of a contract for the supply of digital content or a service, where the consumer provides his personal data to the trader instead of paying the purchase price. In my thesis, I analyse the regulation of such contracts from the perspective of the protection of the consumer's personal data and point out certain shortcomings which, in order to ensure the optimal protection of the consumer's personal data, will have to be remedied by the respective national legislator when transposing the Directive (EU) 2019/770 into the national law. Directive (EU) 2019/770 also entitles consumers to remedies for non-conformity of the digital content or service resulting from the trader's failure to comply with data protection requirements under Regulation (EU) 2016/679. The regime for the protection of consumer personal data after termination is subject to Regulation (EU) 2016/679, whereas the regime for the protection of other consumers’ content other than personal data is subject to Directive (EU) 2019/770. In order to ensure adequate and uniform protection for consumers’ content other than personal data, Member States should harmonise their level of protection with that of personal data under Regulation (EU) 2016/679.
|
