THE NEW EUROPEAN UNION DIRECTIVES ON THE DIGITALISATION OF CONTRACT LAW - DOI: 10.12818/P.0304-2340.2025v86p65

Abstract

Our world is changing and the EU Directives of
more than a decade do not adequately address
all the challenges of electronic commerce
through platforms and on digital assets. In
this new environment, it is worth highlighting
the enactment of two fundamental directives,
which were adopted in 2019: one regulates the
contract for the sale of tangible goods, though
it presents the distinctive feature that its scope
covers both tangible goods and those same
goods with digital elements (smart goods).
This is Directive (EU) 2019/771 of 20 May.
The other is Directive (EU) 2019/770, of the
same date as the former, which regulates the
contract for the supply of digital contents
and services, without specifying what type
of contract should have them as its subject
matter. The European legislator is thus taking
into account the changes brought about by
technological advances, but also introduces
the idea of sustainable consumption by
admitting, for the first time, that durability is a
conformity requirement.

KEYWORDS: Digital content and services.
European private law. Consumer protection.
Sales. Conformity. Durability. Remedies.