The Italian Law Journal | ItaLJ

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Social Networks and Private Law

by C. Perlingieri

As social networks have become widely and greatly used, it is necessary to address the legal framework of these particular digital environments, which consists not only of legislative or contractual rules, but also of a group of legal rules having a technical origin, as well as of just technical rules that can affect private relationships effectively. The nature of the agreements entered into by social web managers and users involves also the negotiability of the existential characters of the individual by recognizing a contract concerning the exchange of licenses to use intangible assets. The proposed research outcome, which is related to the fundamental values of the individual, makes it possible to revisit the use of remedies, mostly the ad nutum withdrawal from social networks, which is generally not associated with any requirement of notice. It also makes it possible to consider the duty of integrity and fairness as a standard of behaviour for any digital platform operators, who are under an obligation to give clear and simple information as to the platforms’ functioning and any changes occurred in the criteria of their operation.