The Application of the General Rule of the Rome II Regulation to Internet Torts

Anabela Susana De Sousa Gonçalves

Abstract

Regulation No. 864/2007 on the law applicable to non-contractual obligations (Rome II) establishes the regime that governs the applicable law concerning torts situations involving a conflict of laws. The Rome II Regulation doesn’t have a specific rule regarding the Internet, however, many different types of torts occur online, and an effort to adapt the Rome II Regulation rules is crucial, due to the specific features of the Internet. This study addresses the adaptation of Article 4 (general rule applicable in the absence of a choice-of-law agreement), so it can be applied to Internet torts, especially Section 1 that determines the application of the law of the place of the damage. The main problem that arises from this rule is the concept of damage, specifically where the Internet is concerned: the concept of damage online; how can damage online be located; how can we solve those situations where it is difficult to locate the damage or the damage is spread across several countries.

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