The Law of Digital Reality can be defined as a confluence of various existing aspects
of private law and public law (or their intersection), which regulates the rights
and obligations of the users and the service providers both within and outside of
the digital world in respect of their activities related to the digital reality and
establishes the legal framework for creating and maintaining such a digital environment.
To comprehend the Law of Digital Reality it is essential to recognize that participation
in any kind of digital reality constitutes a contractual relationship between the
user and the service provider. However, the users do not conclude contract with each
other, their relationships are non-contractual. Any violation of rights among the
users, therefore, occurs on a non-contractual basis. This distinction fundamentally
influences the obligations of service providers and users, and their potential claims
in the case of violation of rights. Given that legal systems are territorial and national
entities (with the EU being a regional exception), it is necessary to address the
question of which law is applicable to the aforementioned legal relationships. The
article aims to summarize the potential solutions for determining jurisdiction and
identifying the applicable law. This will also highlight that there are no universal
answers to legal questions in the context of a geographically unlimited phenomena.
