Digital services: challenges and legal loopholes
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- Digital services: challenges and legal loopholes
Introduction
Project DER 2017-82638-P
Financed by FEDER/Ministerio de Ciencia, Innovación y Universidades - Agencia Estatal de Investigación
Nowadays digitalization is present in our daily activities. Through the web all kinds of goods and services can be obtained that respond to new business models. Communication and even social life are digitalized. This entails new risks of which users are not always aware.
The purpose of this research project is to give an answer to the doubts and questions currently set by the provision of digital services, that is, services that are not only contracted through internet, but which are also executed through it. We are talking about questions that are not solved, neither by the European Law nor by the internal legal systems, and which are essential to guarantee legal certainty in the digital environment.
In particular, we aim to analyze the provision of digital services from several points of view which are closely intertwined: (a) the delimitation of the contract’s content, usually marked by the “terms of use” and the “privacy policy” of the operator. With regard to these terms of use, which are in truth general conditions of contracts, a control of incorporation or of content can be made depending on the applicable law; (b) the protection of personal data, the protection of privacy and other personality rights; questions that can be also contractually regulated in the so called “terms of use”; (c) the coherence between the rules on the provision of digital services and the protection of intellectual property rights of users and third parties. Only taking into account all these aspects, which also pose international private Law problems, can an adequate framework for the solution of conflicts generated by the provision of digital services be set.