Duties of Care and Diligence Against Cybercrime
Tilburg Private Law Working Paper Series No. 7/2017 (published as Tjong Tjin Tai, T. F. E., Koops, E. J., Op Heij, D. J. B., E Silva, K. K. & Skorvánek, I. 2015 Tilburg University)
210 Pages Posted: 14 Jun 2017 Last revised: 28 Sep 2017
Date Written: April 25, 2017
This report researches civil law remedies to combat cybercrime. Using the instrument of duties of care and diligence (spanning tort law and contract law), several actors might be motivated to take additional care in acting in ways that diminish possibilities for cybercrime. The study is based on Dutch law, US law, Czech law, and Brazilian law. The report focuses on software vendors, businesses, and Internet Service Providers.
Keywords: duty of care, diligence, cybercrime, malware, software liability, intermediary liability
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