Torts in Cyberspace - The Impact of the New Regulation “Rome II”


The conflict-of-laws rules in the new EC Regulation on the Law Applicable to Non-Contractual Obligations (Regulation Rome II), adopted in 2007, are highly relevant in the Internet context, but some of them may give rise to problems concerning Internet-related torts. For example, the main conflict rule leading to the application of the law of the country in which the direct and immediate damage occurred (lex loci damni) may be difficult to use when the damage is inflicted on a server whose location may be unknown and fortuitous, for example by virus contamination or some other manipulation of the victim’s site. Another weakness of the new Regulation is that the most interesting torts committed through the Internet, namely violations of privacy and rights relating to personality (e.g. defamation), are totally excluded from its scope.