Barna Arnold Keserű
Navigating in the Law of Digital Reality: Contractual and Jurisdictional Challenges in a Borderless World
The Law of Digital Reality can be defined as a confluence of various existing aspects of private law and public law (or their intersection), which regulates the rights and obligations of the users and the service providers both within and outside of the digital world in respect of their activities related to the digital reality and establishes the legal framework for creating and maintaining such a digital environment. To comprehend the Law of Digital Reality it is essential to recognize that participation in any kind of digital reality constitutes a contractual relationship between the user and the service provider. However, the users do not conclude contract with each other, their relationships are non-contractual. Any violation of rights among the users, therefore, occurs on a non-contractual basis. This distinction fundamentally influences the obligations of service providers and users, and their potential claims in the case of violation of rights. Given that legal systems are territorial and national entities (with the EU being a regional exception), it is necessary to address the question of which law is applicable to the aforementioned legal relationships. The article aims to summarize the potential solutions for determining jurisdiction and identifying the applicable law. This will also highlight that there are no universal answers to legal questions in the context of a geographically unlimited phenomena.
Reference:
DOI: 10.36244/ICJ.2025.6.7
Please cite this paper the following way:
Barna Arnold Keserű "Navigating in the Law of Digital Reality: Contractual and Jurisdictional Challenges in a Borderless World", Infocommunications Journal Special Issue on Cognitive Infocommunications 2025, pp. 49-57., https://doi.org/10.36244/ICJ.2025.6.7