Proposta sulla costruzione giurisdica dei beni informatici o digitali

The legal regulation of the digital economy in the European Union takes place throughout the Digital Single Market Strategy since 2015. Since 2011 all this legal regulation concentrates on a fundamental concept and its definition: the digital contents, which are data produced and supplied in digital form (art. 2.11 Directive 2011/83). The 9th december of 2015 the Commission publishes the proposal for a Directive on certain aspects concerning contracts for the supply of digital content. The definition of the contract for the supply of digital contents relies, precisely, on the definition of the digital contents. With the Directive proposal 634/2015 it was tried to broaden the definition of digital contents including some services and access contracts. This could be rectified if accepted the ammendments of the Council in 2017. Nonetheless, all this legal evolution and the increase of service and access contracts in the digital economy at the expense of contracts for the flow of goods render account of the danger of impoverishment of consumers in the new digital economy. One reason that allows to explain the increase of service and access contracts (irrespective of its greater versatility) is the absence of a legal concept of goods that takes into account the new products of the digital economy, so that it can be eassier its flow, the same way it happens with all the other (non digital) goods. Having analysed spanish and italian Civil codes, as well as european law and legal doctrine, we propose a definition of digital goods to be debated and enriched (by other member States´ perspectives) in the interest of achieving a common european legal concept of digital goods.