Towards a “Fitness Check” of EU Digital Contract and Sales Law

Harmonizing Digital Law has become a crucial task for European and national legislation in view of the challenges posed by the “digital revolution”. The implementation of the 2019 “Twin Directives” on the supply of digital content and digital services (DCD) and on the sale of goods (SGD) represents one of the most important steps on this path so far. In addition to the harmonization of Member States law, the emergence of a uniform law of the EU is becoming more and more important with regard to the challenges of digitization, as recently shown in particular by the Internet Platform Regulation. In view of these changes at European and national level, 40 legal scholars from all Member States of the European Union have come together to examine the impact of European legislation in the EU Member States, and, more in general, on the development of private law in Europe, by analyzing the overarching features of harmonization, the contours and effects of legal unification with regard to the regulation of digital content, digital services, sales law and internet platform regulation, and the further perspectives of EU legislation in face of digital and sustainability challenges. This brief contribution anticipates some of the main outcomes of the abovementioned analysis, which will serve as a useful instrument for a forthcoming “Fitness Check” of EU Digital Contract and Sales Law. By 12 June 2024 the EU Commission shall review the application of the “Twin Directives”, and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee.