This thesis describes the new regulation of digital products in the Consumer Services Act (2022:260). The essay focuses specifically on the supply of digital content and digital services which derive from an EU-directive 2019/770 (henceforth The Digital Content Directive). “Digital products” is a made-up concept in this thesis for the following objects: digital content and digital services, digital content and digital services supplied on tangible medium and goods with digital elements. Only the last-mentioned object is regulated in a separate EU-directive 2019/771 (henceforth The Sales of Goods Directive), due to its classification as “goods”. For a long period of time, Sweden and other member states of the EU have lacked uniform rules regarding digital products. The Commission acknowledged this absence and launched “The EU’s new digital single market strategy” (henceforth the DSM-strategy), with several targeted actions such as improving access for consumers to digital products and services within the EU as well as maximizing the growth potential of their digital economy. The DSM-strategy has then resulted in The Digital Content Directive and The Sales of Goods Directive which are the two EU-directives that have been implemented in the new Consumer Services Act in Sweden. The Digital Content Directive was implemented in a separate 9th chapter with numerous cross references to other chapters in the law as well as containing both unclear and inexplicit diction. In order to grasp the new regulation of digital products in Sweden, the different provisions applicable to each and every digital product, however with the main focus on digital content and digital services, are displayed and explained alongside an objectively questioning analysis throughout the essay. The conclusion of this juridical exposition is that although consumers have received satisfactory consumer protection throughout the EU, the Consumer Services Act should have been drafted differently. Furthermore, uncertainties regarding the possible “payments” with data are discovered. Especially concerning is the lack of definitive regulation and contractual remedies for consumers to initiate when paying with their data. Whether the aim of established consumer-friendly rules was achieved or not, viewed from a legislative drafting point of view, is also discussed in the final chapters of this paper. This particular question is likewise analyzed through a small-scale comparative analysis with Nordic countries. A proposal for the legislator is thereby presented; adopt the Finnish way of implementing these two EU-directives into the Consumer Services Act.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-214651 |
| Date | January 2023 |
| Creators | Martinsson, Ejah |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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