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Vadim Mantrov, Jānis Kārkliņš, Irēna Barkāne, Zanda Dāvida, Salvis Kārklis, Kristaps Silionovs, Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use, 13 (2022) JIPITEC 323 para 1.
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%0 Journal Article %T Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use %A Mantrov, Vadim %A Kārkliņš, Jānis %A Barkāne, Irēna %A Dāvida, Zanda %A Kārklis, Salvis %A Silionovs, Kristaps %J JIPITEC %D 2022 %V 13 %N 3 %@ 2190-3387 %F mantrov2022 %X Currently the European Union (EU) is taking major steps in different legal areas including consumer protection law to implement the Digital Single Market Strategy in order to ensure effective and smooth functioning of the internal market in the modern economy. The new EU policy concerning the Consumer Digital Content Directive (Directive 2019/770) lays down common rules on requirements concerning contracts between traders and consumers for the supply of digital content or digital service. At the same time, the Directive allows deviation from the objective requirements for conformity with a contract of a digital content or digital service on the basis of certain preconditions explicitly envisaged by Article 8(5) of the Directive itself. The present article aims to discuss the possibility for use of such a deviation by critically assessing the preconditions for deviation to take place in conjunction with typical examples likely to appear in practice. The article begins by discussing the applicable regulation, providing a possibility for deviation from objective requirements for conformity with the contract. The article then proceeds to critical assessment of each precondition for use of a deviation in the light of examples that might either be permitted or not permitted under the applicable regulation. Furthermore, frequently used forms for supply of digital content or digital service are discussed considering the previous discussion of these preconditions, as deviation from objective requirements for conformity of digital content or digital service are most often found in online contracts. The article finishes by summarizing the discussion in the article. %L 340 %K Conformity with the contract %K Deviation %K Digital content %K Digital service %K Directive 2019/770 %K Objective requirements %U http://nbn-resolving.de/urn:nbn:de:0009-29-55639 %P 323-338Download
Bibtex
@Article{mantrov2022,
author = "Mantrov, Vadim
and K{\={a}}rkli{\c{n}}{\v{s}}, J{\={a}}nis
and Bark{\={a}}ne, Ir{\={e}}na
and D{\={a}}vida, Zanda
and K{\={a}}rklis, Salvis
and Silionovs, Kristaps",
title = "Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use",
journal = "JIPITEC",
year = "2022",
volume = "13",
number = "3",
pages = "323--338",
keywords = "Conformity with the contract; Deviation; Digital content; Digital service; Directive 2019/770; Objective requirements",
abstract = "Currently the European Union (EU) is taking major steps in different legal areas including consumer protection law to implement the Digital Single Market Strategy in order to ensure effective and smooth functioning of the internal market in the modern economy. The new EU policy concerning the Consumer Digital Content Directive (Directive 2019/770) lays down common rules on requirements concerning contracts between traders and consumers for the supply of digital content or digital service. At the same time, the Directive allows deviation from the objective requirements for conformity with a contract of a digital content or digital service on the basis of certain preconditions explicitly envisaged by Article 8(5) of the Directive itself. The present article aims to discuss the possibility for use of such a deviation by critically assessing the preconditions for deviation to take place in conjunction with typical examples likely to appear in practice. The article begins by discussing the applicable regulation, providing a possibility for deviation from objective requirements for conformity with the contract. The article then proceeds to critical assessment of each precondition for use of a deviation in the light of examples that might either be permitted or not permitted under the applicable regulation. Furthermore, frequently used forms for supply of digital content or digital service are discussed considering the previous discussion of these preconditions, as deviation from objective requirements for conformity of digital content or digital service are most often found in online contracts. The article finishes by summarizing the discussion in the article.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-55639"
}
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RIS
TY - JOUR AU - Mantrov, Vadim AU - Kārkliņš, Jānis AU - Barkāne, Irēna AU - Dāvida, Zanda AU - Kārklis, Salvis AU - Silionovs, Kristaps PY - 2022 DA - 2022// TI - Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use JO - JIPITEC SP - 323 EP - 338 VL - 13 IS - 3 KW - Conformity with the contract KW - Deviation KW - Digital content KW - Digital service KW - Directive 2019/770 KW - Objective requirements AB - Currently the European Union (EU) is taking major steps in different legal areas including consumer protection law to implement the Digital Single Market Strategy in order to ensure effective and smooth functioning of the internal market in the modern economy. The new EU policy concerning the Consumer Digital Content Directive (Directive 2019/770) lays down common rules on requirements concerning contracts between traders and consumers for the supply of digital content or digital service. At the same time, the Directive allows deviation from the objective requirements for conformity with a contract of a digital content or digital service on the basis of certain preconditions explicitly envisaged by Article 8(5) of the Directive itself. The present article aims to discuss the possibility for use of such a deviation by critically assessing the preconditions for deviation to take place in conjunction with typical examples likely to appear in practice. The article begins by discussing the applicable regulation, providing a possibility for deviation from objective requirements for conformity with the contract. The article then proceeds to critical assessment of each precondition for use of a deviation in the light of examples that might either be permitted or not permitted under the applicable regulation. Furthermore, frequently used forms for supply of digital content or digital service are discussed considering the previous discussion of these preconditions, as deviation from objective requirements for conformity of digital content or digital service are most often found in online contracts. The article finishes by summarizing the discussion in the article. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-55639 ID - mantrov2022 ER -Download
Wordbib
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ISI
PT Journal AU Mantrov, V Kārkliņš, J Barkāne, I Dāvida, Z Kārklis, S Silionovs, K TI Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use SO JIPITEC PY 2022 BP 323 EP 338 VL 13 IS 3 DE Conformity with the contract; Deviation; Digital content; Digital service; Directive 2019/770; Objective requirements AB Currently the European Union (EU) is taking major steps in different legal areas including consumer protection law to implement the Digital Single Market Strategy in order to ensure effective and smooth functioning of the internal market in the modern economy. The new EU policy concerning the Consumer Digital Content Directive (Directive 2019/770) lays down common rules on requirements concerning contracts between traders and consumers for the supply of digital content or digital service. At the same time, the Directive allows deviation from the objective requirements for conformity with a contract of a digital content or digital service on the basis of certain preconditions explicitly envisaged by Article 8(5) of the Directive itself. The present article aims to discuss the possibility for use of such a deviation by critically assessing the preconditions for deviation to take place in conjunction with typical examples likely to appear in practice. The article begins by discussing the applicable regulation, providing a possibility for deviation from objective requirements for conformity with the contract. The article then proceeds to critical assessment of each precondition for use of a deviation in the light of examples that might either be permitted or not permitted under the applicable regulation. Furthermore, frequently used forms for supply of digital content or digital service are discussed considering the previous discussion of these preconditions, as deviation from objective requirements for conformity of digital content or digital service are most often found in online contracts. The article finishes by summarizing the discussion in the article. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 13 (2022) 3 |
|---|---|
| Title |
Deviation from Objective Requirements for Conformity With a Contract of Digital Content or Digital Service: The Assessment of Its Use (eng) |
| Author | Vadim Mantrov, Jānis Kārkliņš, Irēna Barkāne, Zanda Dāvida, Salvis Kārklis, Kristaps Silionovs |
| Language | eng |
| Abstract | Currently the European Union (EU) is taking major steps in different legal areas including consumer protection law to implement the Digital Single Market Strategy in order to ensure effective and smooth functioning of the internal market in the modern economy. The new EU policy concerning the Consumer Digital Content Directive (Directive 2019/770) lays down common rules on requirements concerning contracts between traders and consumers for the supply of digital content or digital service. At the same time, the Directive allows deviation from the objective requirements for conformity with a contract of a digital content or digital service on the basis of certain preconditions explicitly envisaged by Article 8(5) of the Directive itself. The present article aims to discuss the possibility for use of such a deviation by critically assessing the preconditions for deviation to take place in conjunction with typical examples likely to appear in practice. The article begins by discussing the applicable regulation, providing a possibility for deviation from objective requirements for conformity with the contract. The article then proceeds to critical assessment of each precondition for use of a deviation in the light of examples that might either be permitted or not permitted under the applicable regulation. Furthermore, frequently used forms for supply of digital content or digital service are discussed considering the previous discussion of these preconditions, as deviation from objective requirements for conformity of digital content or digital service are most often found in online contracts. The article finishes by summarizing the discussion in the article. |
| Subject | Conformity with the contract, Deviation, Digital content, Digital service, Directive 2019/770, Objective requirements |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-55639 |
