Civil Protection of Personal Data in Electronic Contracting: A Comparative Study between Iraqi Law and International Legislations

Abstract

This study addresses the issue of civil protection of personal data in electronic contracts, which has become one of the most pressing legal challenges in the digital era. The research aims to examine the adequacy of traditional civil law rules—particularly in the Iraqi legal system—in safeguarding individuals' data within contractual relationships, and to analyze the shortcomings by comparing them to the General Data Protection Regulation (GDPR), which serves as an advanced legislative model. The study adopts both analytical and comparative methodologies. It is structured into three main sections: the first outlines the conceptual and legal nature of personal data, the second examines the basis of civil liability in cases of data breaches, while the third provides a comparative analysis between the Iraqi Civil Code and the GDPR framework. The findings reveal that the Iraqi Civil Code lacks a comprehensive legal framework for the protection of personal data in digital contracts. Traditional civil liability principles are insufficient to address modern data-related breaches, whereas the GDPR offers a structured and adaptable legislative model. The study concludes by recommending legislative amendments or the enactment of a special data protection law to strike a balance between contractual freedom and digital privacy.