THE CIVIL-LAW STATUS OF THE CONSUMER OF DIGITAL SERVICES

Abstract

The rapid digitalization of social relations has led to the emergence of new models of economic interaction, within which an increasingly significant share of private-law transactions is associated with the supply of digital content and digital services. In national legal doctrine, the issue of defining the civil-law status of the consumer of digital services has not yet been the subject of comprehensive scholarly analysis. This gives rise to the need for a systematic examination of the conceptual framework, structure, and elements of such status, as well as for determining its place within the system of civil law of Ukraine, considering European standards. This approach makes it possible to fill the existing scholarly gap and to adapt civil-law approaches to the realities of the digital economy. The article analyses doctrinal approaches to the concept of the “civil-law status of the consumer”. It proposes to regard the legal status of the consumer of digital services as a special comprehensive civil-law status formed on the basis of the general legal capacity of a natural person and specified by special legislative provisions. It is substantiated that the adoption of specialised legislation in the field of digital content has ensured a systematic detailing of consumers’ rights and obligations and has introduced new mechanisms for the protection of consumer rights in the digital environment. Attention is drawn to the adoption of the updated Law of Ukraine “On Consumer Protection” № 3153–IX of 10 June 2023, which expands the definition of a consumer (including persons whose consumption is not related to independent professional activity or the performance of official duties) and updates the catalogue of consumer rights. Particular emphasis is placed on the adoption of the special Law of Ukraine “On Digital Content and Digital Services” № 3321– IX of 10 August 2023 (entering into force in March 2024), which implements the provisions of Directive (EU) 2019/770. The article also addresses the conformity of national approaches to defining the concept of “consumer” with European standards.