Internet is everywhere. That generates enough headaches when we ask, where do we have to sue? Or what court should decide this case?
Internet diluted territorial barriers. So thatFacebook Could be the largest country on earth. There Apparent free internet Has helped make the idea of law subject to a specific territory increasingly difficult to land. Usually in the world off-line, The rules of what court to go to claim non-compliances or abuses of others have clear categories: territory where something happens, who commits it, or where the damage is generated.
In Colombia the subject is limited to:
- General rule: Where the defendant usually lives, or has his business -in its home, That is the technical concept. But in Colombia, domicile sounds like lunch ... and so, it is not the case-;
If the defendant does not have a domicile, it is demanded in the place of residence of the defendant;
If the defendant has no domicile or residence in the country, in the court of the plaintiff's domicile.
- Contracts:Where they are fulfilled, or in the place of domicile of the defendant.
- Damage: The place where the incident occurred.
- Goods: Where the goods are found.
- Crimes:The place where the crime was committed (if known); Or where the complaint is made (if it is not known where the crime was committed).
- Guardianship: Where the violation occurs, the threat or where its effects occur.
On the internet, multiple positions have been taken around the world. Although mainly three:
- Demand where is the user.
- Demand where is the Server where the information is stored.
- Where was the infringement.
Each of these categories makes law enforcement a bit confusing.
The general principles of law.
The biggest challenge for land lawyers is to advise cross-border projects and minimize the risks of exposure to the maximum.
The advantage is that all countries follow general principles of law without much debate. However, it is necessary to take into account (but in the limitations) the reading that is given to a certain fact from another place. (E.g.
Directives of European Union on data processing is much more rigid than to say in Colombia).
Second, an analysis must be made of which areas are actually being established and whether any particular business or conduct may have legal consequences in that territory.
This academic article explains in more depth the subject: Pedroza, Israel Soler, and William Guillermo Jiménez Benítez. “How to establish jurisdiction and competition in Internet cases ?: International and national trends.“ Dialogues of knowledge: research and social sciences 41 (2014): 15-32.