Commitment to Data Security as a Commitment to Result or a Commitment to Means in Private Law

Document Type : Original Article

Author
Sayyed Amirhasan Mostafavi
Master of Science in Private Law, Faculty of Humanities, Islamic Azad University, Hamadan Branch, Hamadan, Iran
10.22034/lc.2026.570058.1727
Abstract
The expansion of the digital economy and the pivotal role of data in private relationships have transformed the commitment to data security into one of the most significant obligations for individuals and legal entities. Data security breaches not only lead to financial losses but also damage privacy and public trust. However, in private law, a fundamental ambiguity persists regarding the nature of this commitment: Is the commitment to data security a commitment to means or a commitment to result? The central question of this research is, from the perspective of private law, what is the nature of the commitment to data security, and what is the criterion for determining it? Consequently, how can the implications of each of these two interpretations be analyzed regarding the civil liability of the obligor? The aim of this article is to clarify the legal nature of the commitment to data security, analyze the consequences of each of the two approaches—commitment to means and commitment to result—and provide an efficient model that aligns with technological developments and protective needs. The present research has been conducted using a descriptive-analytical method and drawing upon library resources, domestic laws, legal doctrines, and comparative law approaches. Considering this commitment absolutely as a commitment to means or result does not address the technical and legal complexities of the data field. Accordingly, the article arrives at a mixed and dynamic model in which the type of data, the professional status of the obligor, and the level of risk play a fundamental role in determining the nature of the commitment. In conclusion, adopting this approach can, while strengthening the protection of data subjects, create an appropriate balance between civil liability and the development of digital activities.
Keywords
Data Security
Commitment to Means
Commitment to Result
Private Law
Information Security

Subjects