The CISG and European sales law: Impulses for the notion of consumer and the sale of digital goods

Abstract This article examines the essential role of a dynamic interpretation of the United Nations Convention on Contracts for the International Sale of Goods (CISG) amid the challenges of digitalization and globalization. Notwithstanding the principle of an autonomous interpretation of the CISG, this comparative article analyses whether lessons from recent European legislative developments—that is, the directives on the sale of goods and digital content—may contribute to adapting the uniform (sales) law framework to modern circumstances. The article suggests that these directives may provide valuable guidance for overcoming certain interpretative challenges, particularly concerning digital goods. By relying on comparative insights, the study further highlights the need to refine the notion of consumer under the CISG in order to reduce the danger of a concurrent application of the CISG and European Union consumer law to the same contract. It also addresses the CISG’s initial focus on tangible goods, advocating for an expansion to digital goods. Through comparative analysis, the article demonstrates the possibility of applying the CISG to digital goods while, at the same time, identifying several CISG provisions requiring interpretative adaptations. The study thereby contributes to the further refinement of the CISG, ensuring that it remains relevant and effective in a rapidly evolving global market.