Interplay Of Digital Content Directive, European Electronic Communications Code And Audiovisual Media Directive In Communications Sector

Abstract

In the near future, several new EU law acts such as the new Digital Content Directive (DCD), Electronic Communications Code (EECC) as well as the revised directive on audio-visual media services (AMVD) will be applicable to the communication sector. These directives are partly mutually exclusive but partly also cumulatively applicable. The article examines the complicated demarcation and interplay between these three directives, including their complicated interaction in case of bundle contracts, concentrating primarily on contract law issues. It shows, inter alia that subjecting number-dependent interpersonal communications services as a subtype of electronic communications services to the EECC and number-independent interpersonal communications services to the DCD results in different contractual remedies for consumers which cannot be easily justified. The article also argues that certain provisions of AMVD should be considered as part of objective conformity criteria under the DCD, entitling consumers to use contractual remedies if the content requirements are not complied with. Finally, the new rules on bundle contracts allowing consumers to terminate the whole bundle even if only one part of the bundle is affected constitute a considerable improvement in the consumer’s contractual rights compared to the previous rules.