The Transnational Nature of the Internet and Applicable Law

The spread of the Internet raises significant issues regarding the identifi cation of the law applicable to contracts concluded with online platforms. The Internet allows immediate connections to be established between contracting parties residing in different countries. In other words, what happens on the Internet takes place in a location that is difficult to identify from a territorial point of view. In this context, traditional rules of Private International Law require a variety of adaptation efforts. The rules governing contracts and tortious acts are contained in the Rome I (Regulation 593/08) and Rome II (864/07) Regulations, but these rules require a series of adaptations to situations that may arise in practice when concluding contracts with online platforms. This necessarily complex scenario is further complicated by the provisions contained in the DMA and DSA Regulations, which are likely to lay down mandatory rules that, as such, are likely to affect the regulation of cross-border cases.