Rolf H. Weber
85 Geo. Wash. L. Rev. 1777
The concept of the “share economy” has not been developed in a meaningful way in the European Union (“EU”) to date. The importance of the data economy has been acknowledged and many discussion papers are circulating regarding this subject. Despite this progress, the competence of the EU is partly limited in certain fields and the harmonization of 28 national laws causes difficulties. However, two initiatives in the area of contract law are attempting to address these problems: the Digital Content Directive; and the Online and Other Distance Sales of Goods Directive. The Digital Content Directive accepts (i) the digital content as subject matter of the contract and (ii) data as a tradeable asset, i.e., as a form of remuneration for a good or service. Therefore, cross-border interoperability and portability of digital content should be better secured in the future. The Online and Other Distance Sales of Goods Directive introduces additional consumer protection rules. The final version of the two Directives is expected to be released in the second half of 2017. In the medium run, more emphasis must be paid to the elements of the collaborative economy. Most likely, sale, service, and digital content can and will be combined in one transaction but with different parties (being “prosumers”). Nevertheless, at least in respect of “traditional” contract law, the disruptive effects of the digital revolution and their implications are now being considered by the EU legislator.
