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digital damage and the challenges of its assessment under Iraqi civil law. | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 43, Volume 17, Issue: 2 part 1, September 2026, Pages 929-954 PDF (642.81 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.175229.1702 | ||
| Authors | ||
| Pashiman Faidhulla Omar* 1; Rakan Salah Ahmad2 | ||
| 1Faculty of Humanity and Social Science (FHSS) Department of Law | ||
| 2Faculty of Humanity and Social Science (FHSS) Department of Law | ||
| Abstract | ||
| This research examines digital damage and the challenges of its assessment under Iraqi civil law. It addresses harm affecting personal data, electronic accounts, digital content, privacy, reputation, and economic interests connected with digital platforms. The study aims to define digital damage, identify its material and non-material forms, and determine the standards for compensation under Iraqi civil law. Using an analytical approach, the research examines the general rules of civil liability in the Iraqi Civil Code and draws on relevant legal scholarship, judicial developments, and comparative legislation. It finds that digital damage falls within the general concept of compensable harm, but its intangible nature creates particular difficulties in proof and assessment. The research concludes that general civil law rules may apply to digital damage, including actual loss and loss of profit where they directly result from the harmful act. Non-material damage may also arise from violations of privacy, reputation, psychological security, or control over personal data. However, the study recommends legislative intervention to define digital damage, regulate compensation, recognize the functional and economic value of data, and support courts through specialized technical expertise. | ||
| Keywords | ||
| Digital Damage; Civil Liability; Compensation; Personal Data; Iraqi Civil Law | ||
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