An Innovative Legal Approach to Regulating Digital Content Contracts in the EU

Abstract

Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation.