Umowy o dostarczanie treści cyfrowej lub usługi cyfrowej – uwagi dotyczące charakteru prawnego

Abstract

Chapter 5b of the Consumer Rights Act covers the regulation of contracts for the supply of digital content or a digital service, which is the result of the implementation into the Polish legal order of Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on Certain Aspects of Contracts for the Supply of Digital Content and Digital Services. This regulation brings up a number of legal issues, some of which are considered in this study. First and foremost is the question of whether a separate type of contract (in addition to, for example, a sale, exchange or donation contract) has been identified in this way. In view of the conclusion that we are only dealing with a certain class of contracts in this case, the question of what criteria determine inclusion in this category will be analysed, as well as the question of how to distinguish a contract for the supply of digital content from a contract for the supply of digital services. The study also includes a consideration of what type of named or unnamed contracts fall into this category.