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mr. D.J.B. Op Heij

PhD-student 

Tilburg Law School
Department of Private Law

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Daniëlle Op Heij is a lecturer and researcher at the department of Private law. Her research aims to determine whether changes can be made to the remedial scheme for digital content contracts in the Netherlands. Contract law provides remedies, but those have been written for regular tangible goods, such as bikes or books, contrary to digital content. Characteristics of digital content, such as the intangibility, can make the application of the regular remedies for regular goods difficult. For example, replacement as a way to fulfil the remedy performance entails that the consumer gives back the original digital content. In many cases of digital content this will be impossible. The project compares Dutch contract law with two legal regimes in which digital content problems are subject to legal review: the Consumer Rights Act 2015 under English law and the proposal for a directive on certain aspects concerning contracts for the supply of digital content under EU law.

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Last amended: 08 June 2018