As the existing rules governing digital content are no longer fit for purpose, there is a need for new solutions that follow a holistic approach. Specific rules for particular service characteristics should only apply if they indispensable, and should be kept to a minimum. Further fragmentation of consumer rules is not a future-proof approach in a converging service market. Although some newly introduced rules in the draft Directives may, in principle, improve consumer protection, some of the proposed rules are inadequate for the following reasons:
- The draft directives add more complexity and fragmentation rather than creating simpler rules for consumers and for businesses. The aim of the directives is to encourage cross-border sales and harmonise requirements to benefit consumers and businesses, but there is a danger that the existing inconsistency across Member States will simply be replaced with inconsistency across different types of services and goods.
- The scope of the draft directives and the boundary between goods and services is unclear. This is a particular concern with respect to the Internet of Things, in which goods and software will become increasingly interlinked in the very near future.
- The proposed rules, which fail to take into account the intended changes to other legislation, including the telecoms framework review, only address harmonisation within one narrow silo.
- Although the proposed rules are welcome in that they address a gap in consumer law, they also add new and disproportionate requirements that may have the effect of chilling innovation and online sales.
The overall aim should be to ensure that consumers can understand and rely on essential contractual rights and can enforce these rights easily. Moreover, consumers should have a wide variety of choice, driven by competition and lower barriers for businesses who want to offer cross-border goods and services.