Hello. In this case, the user and the Internet company have signed an agreement and a contractual relationship has been reached. The Internet company can be held liable for breach of contract in accordance with the relevant provisions of the Contract Law. Another legal basis is to pursue tort liability against Internet companies based on the Tort Liability Law. It should be noted that in breach of contract liability and tort liability, the plaintiff can only choose one of the rights to recover compensation. How to specifically recover compensation? When pursuing liability for breach of contract, it mainly depends on the stipulations in the agreement. Since the signed agreement is a standard contract, when there are multiple above interpretations, the interpretation that is beneficial to the party who did not draft the agreement shall prevail. If the infringement liability is investigated, a comprehensive judgment will need to be made based on the user's actual losses and the network company's fault.
To sum up:
1. If the Internet company is held liable for breach of contract:
1. The main basis is the "Contract Law", signed between the user and the Internet company the specific content of the agreement. Since it is an agreed responsibility, the most important thing is to look at the content of the agreement.
2. Since the agreement is generally drawn up by the Internet company, the user only has the right to click to confirm or not, so this is a standard contract. When there are two or more interpretations of the terms in the agreement, , whichever interpretation is beneficial to the user shall prevail.
2. The infringement liability of Internet companies can be investigated according to the following provisions of the Tort Liability Law:
1. Article 2 The applicable scope of infringement of civil rights and interests shall be borne in accordance with this law Liability for tort.
The civil rights and interests referred to in this law include the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufruct rights, and guarantees Personal and property rights such as property rights, copyrights, patent rights, trademark exclusive rights, discovery rights, equity rights, inheritance rights, etc.
According to these regulations, the main right demanded by users here is the right to privacy.
2. Article 3 The right of request of the infringed party The infringed party has the right to request the infringer to bear infringement liability.
3. Regarding tort liability, the main defense grounds for Internet companies are as follows:
1. Article 6 Principle of Fault Liability and Presumption of Fault If an actor infringes the civil rights and interests of others due to fault, he shall bear infringement liability.
The law does not specifically stipulate what liability principle applies to this situation, so it should be pursued based on fault liability. The network company needs to prove that it is not at fault for leaking user information to defend itself.
2. Article 28 If the damage is caused by a third party, the third party shall bear tort liability.
The Internet company can prove that the infringement was caused by a hacker (a third party), and the hacker should bear the liability for the infringement, not himself.
Note: When pursuing infringement liability, users need to prove the losses they have caused and prove the connection between the losses and the leakage of information. Compensation will be determined based on the losses you incurred. Therefore, according to the current It is very difficult to hold Internet companies responsible for public infringement according to the legal provisions.