Novo uređenje isporuke digitalnog sadržaja i digitalnih usluga u hrvatskom potrošačkom pravu

Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services was transposed into the Croatian legal order through the entry into force of the Act on certain aspects concerning contracts for the supply of digital content and digital services on January 1, 2022. The subject of this special and new Act is the conformity of digital contentor a digital service with the contract and the rights and obligations of contractual parties in cases of non-conformity or failure to supply, as well as in cases of modification of the digital content or digital service. The introduction of legal regulation of these extremely important aspects of today’s digital everyday life is still quite a novelty and a challenge in practice in most Member States of the European Union. Despite the daily use of a wide variety of digital content and digital services by consumers, the legal regulation of this matter was lagging behind the actual development of the digital market. The article therefore provides an in-depth analysis of the novelties introduced into the Croatian legal framework and practice through harmonization with Directive (EU) 2019/770. By examining and interpreting the newly introduced autonomous European legal concepts such as interoperability, functionality, compatibility, etc., but also through practical examples of (non-) conformity of digital content and digital services, it points at the rights and obligations of consumers as users and traders as suppliers of digital content and digital services.