The Conflict-of-Laws Problem in Determining the Applicable Law to Non-Contractual Liability for Harm Resulting from Cybercrime: An Analytical Study.

Ali Younes., Fatma Al-Zahraa

doi:10.21608/bfsgm.2025.442293

The Conflict-of-Laws Problem in Determining the Applicable Law to Non-Contractual Liability for Harm Resulting from Cybercrime: An Analytical Study.

Author

Fatma Al-Zahraa Ali Younes.

Al-Azhar University

10.21608/bfsgm.2025.442293

Abstract

The rapid and continuous evolution of digital technologies has given rise to new categories of transnational criminal activity, most notably cybercrime, which diverges significantly from traditional forms of criminal conduct. These offenses frequently produce extraterritorial harm, yet the legal basis for redress is non-contractual, given the absence of any pre-existing legal relationship between the injured party and the perpetrator. In such cases, the challenge lies in identifying the law applicable to non-contractual (tortious) liability, particularly in the absence of a specific conflict-of-laws rule addressing delictual liability arising from cyber-related harm.
This study adopts a descriptive-analytical method, examining the legal provisions that regulate cybersecurity and delineate the requirements for affording legal protection in this domain. It also analyses the conflict-of-laws framework under the Egyptian Civil Code, and employs a comparative legal approach to assess the extent to which classical conflict-of-laws doctrines are adequate for resolving the cross-border dimensions of cyber-torts.
Following a critical evaluation of competing doctrinal views on the choice-of-law issue in cyber-tort liability, the study argues in favour of applying the law of the victim’s habitual residence. This approach is justified by its capacity to achieve a fair balance between the interests of the injured party and those of the alleged wrongdoer, and to ensure effective access to legal remedies within the forum most connected to the harm.

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