Non-Fungible Token als digitale Produkte?

NFTs are atypical data. They are stored in a decentralised manner, non-replicable, and rivalrous in use. Their treatment under contract law has remained largely unresolved. Nevertheless, they continue to be traded in significant volumes. This work addresses what is arguably the most practically relevant question in this regard: can NFTs be classified as digital products within the meaning of §§ 327 ff. BGB? To this end, the legal position assuming applicability of §§ 327 ff. BGB is systematically compared with the position assuming non-applicability, and both are assessed against the telos of the Digital Content Directive. The work concludes that §§ 327 ff. BGB are – subject to certain proposals de lege ferenda – soundly applicable to NFTs.