The development of distributed ledger technologies, primarily the blockchain, allows for the creation of so-called "smart contracts", characterised by the self-execution of contractual clauses without the need for human intervention, and generally excluding the possibility of interrupting such execution or modifying the content. In European contract law, standard contractual terms are subject to restrictions which also seem applicable to "smart contracts".The Directive 2011/83/EU on consumer rights provided for various rights and related information obligations, for the exercise and compliance of which, on the one hand, it is also necessary to use a text written in natural language. On the other hand, in current practice, one of the parties for a multitude of contracts usually does not draw up the contractual forms in advance. The suppliers of platforms for smart contracts prepare them.Therefore, the professional must verify that the information required by the consumer law is included in them, or integrate with the missing information. The specific method of drafting the computer code, then, may be relevant for the purposes of configuring various protection hypotheses provided for in the consumer law, and the possible exercise of the right of withdrawal.The Directives 2019/770 and 2019/771 on contracts for the supply of digital content and services and for the sale of goods in which such content and services are incorporated or interconnected, subjected the terms of "smart contracts" to a consistency with respect to what has been agreed and suitability for the use of the content or service provided.The “Omnibus” Directive 2019/2161 provided enhanced enforcement measures and increased transparency requirements, imposed additional obligations for B2C contracts and incorporated into the definition of digital goods and services - including the “free services” offered in exchange of personal data instead of money - in existing EU provisions. Increased transparency obligations for traders, including information duties for online marketplaces concerning the identification of sellers and the algorithms used for search result rankings, could be difficult to fulfil in case of “smart contracts” which can be concluded and executed directly between parties that could be unknown, without platform intermediaries and automatically entering into a contract and executing it potentially without even caring who is the counterpart.Thus, the new framework of consumer protection extended to contracts regarding digital goods, content and services, could in fact be difficult to implement, or present specific peculiarities, for “smart contracts” via distributed ledger technologies
