El suministro en línea de contenido digital en la encrucijada entre la propiedad intelectual y el derecho del consumo

Directive 2019/770, of 20 May, on certain aspects concerning contracts for the supply of digital content and digital services lays down that a digital content is conform, among other requirements, when presents the functionality, compatibility and interoperability expected in accordance with the contract. Functionality is directly related to technological protection measures. For its part, interoperability clearly affects the limits of the exploitation rights of computer programs. Directive 2019/770 obviously does not address aspects related to the protection of digital content by copyright. Part of this contribution is focused on the interrelation between this Directive and the Copyright Act. However, in the first place, a brief reference to the contract for the online supply of digital content in relation to the right of distribution and public communication is made. In addition, I address the issue regarding whether Regulation (EU) 2018/302, of February 28, on measures to prevent unjustified geo-blocking, in particular, I question whether the principle of territoriality can represent an obstacle to consumer protection in the digital single market. In this paper it is highlighted that Consumer and Copyright Law intersect each other albeit the latter hardly refers to the former. Therefore, as concluding remarks, I suggest how to avoid this situation.