Key Challenges to the Implementation of the Digital Content Directive in Hungary and Czech Republic

Hajnal, Zsolt and Simon, Rita (2023) Key Challenges to the Implementation of the Digital Content Directive in Hungary and Czech Republic. In: Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law. Wolters Kluwer, Budapest, pp. 1-13. (In Press)

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Abstract

The Directive on Digital Content and Services[1] (hereafter DCD) was expected to be implemented by the European Member States by the end of 2021, in order to better tackle the challenges of our Digital Age and to fill the gaps in the national Sales Laws concerning contractual relations regarding digital products or products with digital elements. The Directive served also for harmonization of European private law to enable firms to trade cross-border in a less diverse legal framework. However, the integration of harmonized contractual requirements into the national private codes is a very challenging discipline, due to the fact that contract law is one of the most significant pillars of national law, bringing together the essence of the national legal culture and tradition. This article compares the main difficulties of the Hungarian and Czech legislator in the implementation of the DCD with the main focus being the chosen integration model (2) and shaping data as counter-performance (3), as one of the most problematic, legally unconventional elements of the implementation, after a short introduction on these national laws before the implementation (1).

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