Civil protection of personal data in the digital environment: A comparative study

Abstract

The rapid digital transformation has reshaped numerous legal and social relationships, making personal data one of the most significant digital assets with economic and legal value. Personal data has moved beyond its traditional role as a means of identifying individuals to become a fundamental element in electronic transactions, digital commerce platforms, artificial intelligence applications, and smart governmental, financial, and healthcare services. This development has resulted in expanding risks threatening individuals’ privacy and personal rights, which has necessitated the establishment of effective civil legal mechanisms to protect data subjects from unlawful use.

This study examines the civil protection of personal data in the digital environment from a private law perspective. It analyzes the legal principles established by the General Data Protection Regulation (GDPR) and their impact on French legislation, while conducting a comparative analysis with relevant Arab laws. The study aims to evaluate the adequacy of existing civil protection mechanisms and propose legal solutions that enhance the protection of personal rights in the digital age.

The research problem focuses on the extent to which traditional civil liability rules can address modern violations of personal data protection, and whether comparative legal systems provide effective protection for data subjects, particularly regarding the obligations imposed on data controllers and processors and the basis of compensation for damages resulting from unlawful data processing.

The study adopts an analytical comparative methodology by examining legal texts, jurisprudential principles, and relevant judicial decisions. It compares the European and French models with contemporary Arab legislation. The findings indicate that the European framework provides a comprehensive system for personal data protection through clear recognition of data subjects’ rights, including the rights of access, rectification, erasure, objection, and data portability, in addition to regulating civil liability and compensation for digital damages.

The study concludes that Arab legislations should be further developed to keep pace with modern technological advancements and establish a more effective civil protection framework that balances the requirements of the digital economy with the protection of privacy and human dignity.