Consumer protection in contracts for the supply of digital content and digital services – an analysis of Turkish law in light of the EU Directive 2019/770

The European Union's Digital Contents Directive (2019/770), DCD in short, entered into force on June 11, 2019, and as of January 1, 2022, the changes deriving from the DCD took effect in all member states. The DCD, which specifically regulates the consumers' rights deriving from the supply of digital contents and digital services, brought about custom-tailored rules dedicated to the needs arising from contracts of this nature. The DCD, other than specifically defining the terms "digital content" and "digital service", sets forth certain subjective, objective, and integration requirements the traders are to abide by in their transactions with the consumers. Furthermore, the DCD also provides for specific performance, price reduction, and termination as alternative remedies for non-conformity. Given that there is not yet a special law dedicated to the supply of digital contents and digital services under Turkish law, the issues that fall under the scope of the DCD are mostly regulated under the Turkish Consumer Protection Act, its affiliated regulations, and the Turkish Code of Obligations. While the comparison of the two systems reveals many similarities, it also signals the need for the adoption of a special law, or at least special provisions, under Turkish law as well, given the shortcomings of the existing legislation in tackling the problems posed by the contracts for the supply of digital contents and digital services. Key Words: Digital Contents Directive, Digital Content, Digital Service, EU Consumer Law, Turkish Consumer Law