Wednesday 10 February 2021

Updating the Unfair Contract Terms Directive for digital services - new study for the European Parliament

If you have missed this on the Twitter feed, the European Parliament has just published a study 'Update the Unfair Contract Terms Directive for digital services', which was prepared by prof. Marco Loos (University of Amsterdam) and dr Joasia Luzak (University of Exeter) in December 2020. The study analyses various common terms and conditions (from the ones surrounding the conclusion of a contract through terms on copyright and data protection) in light of their compliance with the UCTD, but also e.g. GDPR, discusses online transparency and possible sanctions for unfair terms. A serious of recommendations are made, from changing the indicative list in the Annex to the UCTD to a black list or a grey list, suggestions as to what terms should be added to these lists to address digital practices, and what additional obligations should be imposed on digital service providers.