The preventive function of civil liability in light of the State's duties of protection in the context of the digital world

Abstract

The study addresses the issue surrounding the theory of civil liability within the digital realm. The main question guiding the investigation is whether the inherent risks of the digital world warrant a shift in focus on the State's duty to protect, taking into account the theory of civil liability as a foundation. The significance of this topic is evidenced by the undeniable impact of the digital world on the legal system, including its sociological implications. The increasing number of social interactions facilitated by data transmission technologies gives rise to a growing number of social conflicts and poses a threat to numerous fundamental rights, which must not be overlooked. This analysis employs a deductive approach, utilizing a research technique based on bibliographic and jurisprudential review.