Smart Contracting And The New Digital Directives: Some Initial Thoughts

Abstract

In this article, smart contracting meets Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, and as the Directive (EU) 2019/771 regarding certain aspects of contracts for the sale of goods. Much has been written about smart contracting and the two directives. What has been missing, however, are contributions that explicitly address the question of whether the two directives are really “smart contracts ready”. The present article is intended to fill this gap and to serve as an incentive to take a closer look at this topic.