"THE APPLICABLE LAW TO CIVIL LIABILITY ARISING FROM CYBERCRIME"

"THE APPLICABLE LAW TO CIVIL LIABILITY ARISING FROM CYBERCRIME"







There is no doubt that the increase in the abuse of computer data. Dealing through the use of the Internet raises many legal problems, as humanity has not known an acceleration in the growth of relations between them and each other or between human beings, as is happening today with the Internet.



The cybercrimes may take an international dimension when the legal relations permeate one or more foreign elements, such as:

The victim or the perpetrator of the harmful act is a foreigner, or the elements constituting the obligation are scattered between the territories of several countries, and then a problem arises

the spatial focus of the cyber civil liability, or more precisely, choosing the applicable law to the cyber tort.



cybercrime can be defined in general as any illegal, immoral, or unreformed behaviour related to the automated processing, transmission, or assault of data, or (it is a wrong or unlawful act of a criminal will be determined by law as a criminal or civil penalty or a precautionary measure.

In the matter of determining the applicable law to non-contractual obligations, the doctrine of local law is applied as the applicable law in general.



We will discuss this opinion and its effectiveness and the extent to which it can be applied to civil liability arising from cybercrime in a manner commensurate with technological development and achieving justice at the same time, as well as international problems resulting from applying this doctrine, and then we will propose new solutions that are commensurate with the nature of the information network to determine the applicable law to civil liability arising from cybercrimes.

By analysing technical problems and solving them in the light of private international law.