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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-None

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Bibtex

@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"
}

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RIS

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  - 
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Wordbib

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<b:Comments>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.</b:Comments>
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ISI

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.
ER

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Mods

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  <titleInfo>
    <title>Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Sein</namePart>
    <namePart type="given">Karin</namePart>
  </name>
  <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.</abstract>
  <subject>
    <topic>European electronic communications code</topic>
    <topic>OTTs</topic>
    <topic>audio-visual media directive</topic>
    <topic>digital content directive</topic>
    <topic>number-dependent and</topic>
    <topic>number-independent interpersonal communications services</topic>
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      <date>2021</date>
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  <identifier type="citekey">sein2021</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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