Legislating on Contracts for the Supply of Digital Content and Services: An EU/UK/Irish Divide?

Part 1, Chapter 3 of the Consumer Rights Act 2015 makes specific provision for contracts for the supply of digital content. However, EU Directive (2019/770/EU) on Contracts for the Supply of Digital Content and Services (DCSD) requires EU Member States (including Ireland) to introduce its own measures which will be in force from 1 January 2022. This article will examine the key innovations introduced by this Directive and the extent to which they throw critical light on the provisions of the CRA 2015. Regardless of Brexit, are there lessons that UK law can learn from the DCSD? It will further examine how implementation of the Directive is likely to affect the traditional common law relationship between Irish and English consumer law, severing ties that have existed for over 100 years.