Responsibility of the parties to the agreement on the provision of digital content

The need to study the specifics of the liability of the parties to a contract for the provision of digital content, including aspects of compensation for damages, has been identified. The nature of civil liability, its functional orientation, and its impact on the performance of obligations by individuals have been established. The essence of a contract as the main instrument for regulating various legal relations has been considered. It is noted that digital content, by its legal nature, is classified by civil law as a specific type of property – digital property. At the same time, it is noted that digital content belongs to information legal relations and is connected with information as an intangible asset. The conclusion of contracts related to the creation, provision, and use of digital content is regulated in a certain way by special legislation, which defines the basis of contracts, their subjects, essential conditions, and features. The provisions on holding a person liable for breach of contract are examined, as well as what such a breach may consist of. It has been determined that a contract will be considered properly performed if it meets the objective and subjective criteria regulated by law, as well as the requirement for the unimpeded integration of the digital content provided into the digital environment. It is stated that failure to receive digital content by the consumer may have certain financial consequences, not only in the form of actual losses, but also in the form of lost profits. The principle of seller liability for damages in consumer contracts under national and European legislation is considered, and it is determined that it is an important element of contracts related to the creation, provision, and use of digital content. It has been established that special legislation determines the possibility of stipulating in the contract conditions for not holding persons liable and, in the event of non-fulfillment of the terms of the contract, the possibility of withdrawing from the contract. It is emphasized that withdrawal from the contract is not a perfect legal consequence of a breach of obligation, as it will result in the return of the amounts paid, but will leave the consumer dissatisfied, which will result in a deterioration of the contractor’s business reputation.