Legal implications of unlawful acts committed in the digital environment and the adaptation of tortious civil liability to new technologies

🔗 See the German & Romanian versions as well.

This article aims to provide a brief overview of the implications of tortious civil liability for unlawful acts committed online. In this context, we observe an expansion of the scope of tortious civil liability. It continues to evolve as new technologies become increasingly integrated into everyday life. Such situations generate the need for adequate legal regulations. A broader application of the general principles provided by civil legislation.

The Concept of Tortious Civil Liability

Tortious civil liability arises when a person causes damage to another through an unlawful act committed with fault.

This type of liability also applies in situations that do not involve a contractual relationship, such as:

• damages caused by cybercrime (hacking, phishing, unauthorised access to IT systems);
• breaches of personal data protection (data leaks, unlawful processing of data);
• online defamation and harassment (libel, hate speech).

According to Romanian civil law, the person who causes damage is obliged to fully compensate for the harm caused, whether material or moral.

New Technologies and Legal Challenges in the Online Environment

New technologies can be analysed from the perspective of the legal issues they generate. The rapid development of technology has led to new and complex situations, such as personal data protection, cybercrime, and liability for online content. Among the most frequent cases in our country are:

Identity theft and online fraud. For instance, unlawful access to bank accounts or the fraudulent use of personal data to obtain loans.

In such cases, the appropriate solution is for victims to seek compensation and criminal sanctions for the perpetrators.

GDPR violations and data breaches. An example would be a company disclosing clients’ personal data without their consent.

Legal provision: Article 82 of the GDPR grants the right to compensation in cases of violations of personal data protection rights.

As far as common legal practice is concerned, court proceedings in such matters usually involve proving the material or moral damage suffered.

Online defamation and harassment. The most frequently encountered example is the publication of false or offensive information on social media platforms, as well as the sending of abusive messages.

As a legal remedy, the victim may request the cessation of the unlawful act, the removal of the content, and the granting of moral damages, based on the provisions of the Civil Code.

Cybercrime. This includes hacking and ransomware attacks, which affect personal data or critical infrastructures.

In such cases, the effects of unlawful acts are significant. Generally, individuals, institutions, and companies are exposed to cyberattacks that cause substantial material damages.

Personal Data Protection and Legal Implications

Regulation (EU) 2016/679 (GDPR) governs the protection of personal data and introduces the following key principles:

Right to Compensation
Any individual who suffers material or non-material damage due to a breach of the GDPR may claim compensation from the data controller or the processor.

Liability of the Data Controller
Data controllers are fully liable for the damage caused by the unlawful processing of personal data. A processor may be held liable only if they fail to comply with legal obligations or specific instructions received from the controller.
Attributing civil liability requires a detailed analysis of each individual case in order to determine the exact circumstances. The status of “data processor” must be clearly defined in relation to their role with the data controller. The application of the relevant legislation cannot be generalised without a thorough assessment of the facts.

Common Disputes in Romania
Frequently, liable economic entities are those that send unsolicited commercial messages (spam) or store personal data without consent.

Resolution often comes from the ANSPDCP (National Supervisory Authority for Personal Data Processing). It may impose sanctions following complaints from victims. Additionally, affected individuals may take legal action.

Challenges of Tortious Civil Liability in the Digital Era

Identifying Offenders
The difficulty of identifying the perpetrators of unlawful acts in the online environment is a major challenge. False identities or internet anonymity complicate legal proceedings.

A proposed solution is cooperation with online service providers to identify IP addresses or other relevant data.

Liability of Online Platforms
Digital platforms may be held liable if they fail to take action to prevent unlawful conduct, such as removing offensive content. There have been instances of non-compliance with legal obligations regarding content moderation.

Lack of Digital Literacy
Many users are unaware of their rights and responsibilities online. This can lead to an increase in legal disputes. Solutions include digital education programmes and public awareness campaigns.

In conclusion, tortious civil liability is a fundamental legal institution that can adapt to technological changes.

In Romania, the most common cases involve online fraud, breaches of data protection, and online defamation and harassment.

The adoption of effective solutions for preventing and combating unlawful acts online is essential for protecting individual rights and maintaining trust in digital interactions (a relevant article: Legal Aspects of Online Sales). Moreover, educating users and fostering inter-institutional cooperation are key elements in reducing the risks that give rise to tortious liability in the context of new technologies.

If you have been affected by an unlawful act in the digital environment – whether it involves online fraud, data breaches, or defamation on social media – it is essential to take prompt action to protect your rights.
Our firm offers comprehensive legal assistance, including: ✅ Advice on civil tort liability. ✅ Drafting and sending formal notifications. ✅ Representation before courts and competent authorities (including the National Supervisory Authority for Personal Data Processing). ✅ Assistance in obtaining material and moral damages.
📩 Contact us today for customised legal advice and concrete actions in support of your case!