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Commercial Communications and Services: Civil Responsibility in Information Technology Products and Services

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Vincent
AutorProf. Dr. Isabel Hernando
Cargo del AutorCommercial Communications and Services: Civil Responsibility in Information Technology Products and Services

Basically, commercial communications are all forms of communications designed to promote, directly or indirectly, the goods or services or image o a company, organization or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. Therefore, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services is commonly considered as services of the Information Society.

Businesses taking advantage of these capabilities include online marketing and advertising services, information services (financial, legal, medical) ; those engaged in the sale of real estate, the sale of medicines, products (wines, clothing, flowers, books, etc. ), the distribution of music, electronic banking, auctions, gaming and gambling.

These services are often already heavily regulated by national and international laws, and their migration 'on-line' create a new legal threshold from which the following assumptions can be made:

Civil Responsibility in Information Technology Products and Services.

The norms of civil responsibility under the laws of different countries may be applied to the services and products made available through information technology. It is possible to distinguish between contractual and non-contractual disputes depending on the presence or absence of a direct contractual relationship between the parties. However, in the absence of a contractual relationship, multiple national jurisdictions allow the injured party to base a claim outside of contract (for example, in the law of tort, creating a civil (as opposed to criminal liabilities) .

  1. Classification of Liability According to the Products and Services

    Within the parameters of IT and the information society, civil responsibility can arise as a result of the following:

    1. Defective products. This category includes defective hardware, and software applications that control a specific activity and that are capable of producing personal damage and economic loss (e. g. in transportation materials (planes, automobile, ships) , of energy (nuclear power stations, reactors, turbines, heaters, furnaces) and radiation (x-rays, medical scanners) ). Defects in hardware and software may include a lack of performance/security that is legitimately expected given the existing circumstances (particularly any specification produced for such product) , taking into account its reasonably foreseeable use...

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