Contracts

Pedro de Miguel Asensio

Chapter 8 in EU Digital Law, 2026, pp 545-631 from Edward Elgar Publishing

Abstract: This chapter begins by explaining the general EU regulatory framework concerning electronic contracting that is to be found in the E-Commerce Directive. The focus then turns to the implications of more recent instruments. On the one hand, instruments on consumer protection are highlighted, including those providing for detailed information requirements applicable to online contracts, granting specific rights to consumers, such as the right of withdrawal, and regulating the conformity of digital content or a digital service and the remedies in the event of a lack of conformity. On the other hand, contract rules concerning business-to-business transactions, such as those on professional users of online platforms and unfair contractual terms related to data access are also examined. Other implications of contracting on online platforms and marketplaces and so-called ‘smart contracts’ receive particular attention. The chapter concludes by analysing the legal issues raised by cross-border contracts, which are so common in digital environments.

Keywords: Electronic Contracts; Consumer Protection; Unfair Terms; Right of Withdrawal; Supply of Digital Content and Services (search for similar items in EconPapers)
Date: 2026
ISBN: 9781839107993
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