Review article
https://doi.org/10.22598/iele.2024.11.1.6
REGULATING DATA PROVISION CONTRACTS – FILLING THE GAPS OR OVERLAPPING THE EU RULES ON THE CONTRACTS FOR THE SUPPLY OF DIGITAL CONTENT?
Zvonimir Šafranko
orcid.org/0000-0002-3592-097X
; University of Zagreb Faculty of Economics & Business, Zagreb, Croatia
Abstract
In 2022, UNCITRAL Working Group IV was mandated to develop the Rules on data provision contracts as an answer to the needs of rapidly growing data market. It was expressly noted then, that the Working Group IV should be mindful of similar legislative initiatives. In October of 2023, the working version of the Rules was distributed. Among the other provisions, the Rules define a data provision contract as a contract under which one party provides data to other party. Given definition shows a great resemblance with the contracts on the supply of digital content regulated by Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. This paper analyzes and compares some of the key provisions of the aforementioned legal instruments. Special focus is attached to the scopes of application of both instruments and exclusions from their application, legal nature and general characteristics of both data provision contracts and contracts for the supply of digital content, obligations of the contractual parties. The main objective is to establish clear boundaries regarding the objects and scopes of application of both legal instruments in order to determine their potential overlaps. Finally, the paper investigates the reach and the meaning of personal data provision as a sui generis reimbursement in the context of both instruments.
Keywords
contract law; data provision; digital content supply; consumer protection; UNCITRAL; DCSD
Hrčak ID:
318728
URI
Publication date:
30.6.2024.
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