유럽연합(EU) 디지털지침의 기본 착상과 적용범위

• 영문명: Directive on Certain Contractual Aspects of Provision of Digital Content and Digital Services - Scope and basic approaches
• 발행기관: 충북대학교 법학연구소
• 저자명: 김진우(Kim, Chin Woo) 곽창렬(Kwak, Chang Ryel)
• 간행물 정보: 『과학기술과 법』제10권 제2호, 1~32쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.12.30

영문 초록

Contracts on the supply of digital content and digital services have become a new challenge in the contract law. With the new Digital Content Directive the European legislator created for the first time a comprehensive legal framework for digital contract law in Europe. Its major purpose is to remove the existing legal uncertainties and to establish a reliable legal base for the digital economy in which service is impersonal and its use is often tied to the conclusion of an end-user license agreement. Boundaries between permanent and temporary provision and between primary and secondary obligations are blurring. More and more consumers pay by one-time payment, including subscription or disclosing personal data. The Directive on Certain Contractual Aspects of Provision of Digital Content and Digital Services (DIRL) proposes reorganization of contract law that is transposed to the conventional KBGB contract types. Unlike many directives, the DIRL waives a certain typology of contracts. In particular, an arrangement in sales contract works for contract or lease; it confines itself to highlight specific duties and warranty rights in the abstract. In addition, the DIRL recognizes personal data disclosure as “payment” and deems it (almost) as paid contracts.

목차

Ⅰ. 들어가며

Ⅱ. 지침의 일반적 접근방식

Ⅲ. 지침의 적용범위

Ⅳ. 우리 계약법에의 입법론적 시사점

키워드

반대급부로서의 데이터 데이터 채권법 개인정보 소비자계약 디지털 요소가 있는 물품 payment with data data contract law personal data consumer contracts goods with digital elements