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Karin Sein, Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector, 12 (2021) JIPITEC 169 para 1.
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%0 Journal Article %T Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector %A Sein, Karin %J JIPITEC %D 2021 %V 12 %N 2 %@ 2190-3387 %F sein2021 %X In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer’s contractual rights compared to the previous rules. %L 340 %K European electronic communications code %K OTTs %K audio-visual media directive %K digital content directive %K number-dependent and %K number-independent interpersonal communications services %U http://nbn-resolving.de/urn:nbn:de:0009-29-52987 %P 169-NoneDownload
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@Article{sein2021, author = "Sein, Karin", title = "Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector", journal = "JIPITEC", year = "2021", volume = "12", number = "2", pages = "169--None", keywords = "European electronic communications code; OTTs; audio-visual media directive; digital content directive; number-dependent and; number-independent interpersonal communications services", abstract = "In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer's contractual rights compared to the previous rules.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-52987" }Download
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TY - JOUR AU - Sein, Karin PY - 2021 DA - 2021// TI - Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector JO - JIPITEC SP - 169 EP - None VL - 12 IS - 2 KW - European electronic communications code KW - OTTs KW - audio-visual media directive KW - digital content directive KW - number-dependent and KW - number-independent interpersonal communications services AB - In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer’s contractual rights compared to the previous rules. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-52987 ID - sein2021 ER -Download
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PT Journal AU Sein, K TI Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector SO JIPITEC PY 2021 BP 169 EP None VL 12 IS 2 DE European electronic communications code; OTTs; audio-visual media directive; digital content directive; number-dependent and; number-independent interpersonal communications services AB In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer’s contractual rights compared to the previous rules. ERDownload
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 12 (2021) 2 |
---|---|
Title |
Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector (eng) |
Author | Karin Sein |
Language | eng |
Abstract | In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer’s contractual rights compared to the previous rules. |
Subject | European electronic communications code, OTTs, audio-visual media directive, digital content directive, number-dependent and, number-independent interpersonal communications services |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-52987 |