El contrato de suministro de contenidos digitales y los contratos de desarrollo de software y creación web en el derecho de consumidores. De la Propuesta CESL y la Directiva 2011/83/UE a la Propuesta de Directiva 634/2015, de 9 de diciembre

After the withdrawal of the CESL Proposal by the EU Commission in May 2015 in order to contribute to faster growth of the Digital Single Market (seethe “Digital Single Market Strategy” communication), three Proposals on harmonised rules for the supply of digital content and online sales of goods were published the 9th of December: the Directive Proposals 634 and 635 /2015 and the Regulation Proposal 627/2015. Although these Proposals are still under discussion, there is a firm political will to approve them within this legislature. In this work we analyse the contract for the supply of digital contents, regulated in the Directive Proposal 634/2015, on certain aspects concerning contracts for the supply of digital content, which regulates this contract, in some ways, differently from the CESL Proposal. Specially,we will discussif the scope of this new contract can cover also two atypical contracts: the contract for the development of software and the contract for the development of websites, either being specific or standard. Apart from the CESL Proposal and the Directive Proposal 634/2015, we will go through Directive 2011/83/EU and Act 3/2014, 27th of March, which implements the Directive to the Spanish legislation.