Monitor Prawniczy

no. 24/2014

The problem of digital content in consumer transactions

Dariusz Szostek
Abstract

The new consumer law and amended civil law provisions quite significantly change the principles of business transactions with regard to digital content. Alas, the legislator failed to regulate all problems connected with liability for digital content defects, which in the light of the amendment may give rise to considerable interpretational doubts and unnecessary ambiguities. It seems inappropriate to indicate a legal regime with respect to liability depending on the manner of providing digital contents (by streaming or on a durable physical medium).