Qualification of Consumer Contracts for the Supply of Digital Services under Estonian Law

Abstract

The EU Digital Content Directive provides for overarching regulation of the supply of digital content and services. In this light, the article presents analysis of how contracts for the supply of digital content or digital services can be qualified under Estonian law. More specific focus is placed on contracts for digital services such as storage in a cloud service or use of Web based software, because it is not entirely clear whether the underlying contracts should be considered some type of contract for use or, rather, some kind of contract for provision of services. The article examines the distinctive characteristics of particular types of contracts for use and for services, such as the possible object of the specific type of contract at issue and the main obligations of the parties, for purposes of determining whether they are suitable for the supply of digital content or digital services. This distinction is important for understanding of the directive’s relationship with national law and how existing rules function in conjunction with the rules of the directive. Also, it regulates only certain aspects of contract law, while the remainder of the contractual relationship is determined by national law – such as that pertaining to obligations of consumers and legal remedies available to traders. These rules may differ between contract types. The article’s analysis is based on comparison of Estonian and German law.