Digital Goods and the CISG

Abstract

The digital age requires rules for the purchase and sale of digital goods. Do the traditional sales rules—codified or judge-made—still suffice for trading such goods? Only a few years ago, in 2019, the European Union enacted special norms for these sales by two Directives, although essentially restricted to transactions between businesses and consumers.1 The Member States of the European Union (EU) had to implement the norms of the Directives. For instance, the German legislator included a considerable number of new provisions into the German Civil Code (BGB); partly they are entirely new, partly they replace or modify the formerly applicable ones. The new rules have applied since January 1, 2022. This was the mandatory date on which the new law entered into force in all Member States.

The following text pursues whether, in the international arena, the CISG is still fit for the digital age or also needs a digital refurbishment.