AVRUPA BİRLİĞİ TÜKETİCİ HUKUKUNDA YENİ BİR AYRIM: DİJİTAL İÇERİK VE HİZMETLER İLE: DİJİTAL UNSURLU MALLAR.

With the enactment of Directive 2019/770 on Contracts for the Supply of Digital Content and Digital Services and Directive 2019/771 on Sale of Goods a new distinction in EU consumer law has emerged. The supply of digital content or digital services, whether they are being provided via tangible carrier or not, falls under the scope of Directive 2019/770 whereas the sale of goods with digital elements, also known as smart goods, is regulated by Directive 2019/771. Both Directives establish rules regarding the conformity of performance, the remedies of the consumer in case of non-conformity, and the preconditions of these remedies. Even though the Directives overlap extensively in the solutions they offer, they nevertheless diverge on certain points. Hence, it becomes crucial to differentiate correctly between their subject matters. After outlining the content of both Directives, the article tries to develop some guidelines for such demarcation. [ABSTRACT FROM AUTHOR]